Russell v. Scudder
New York Supreme Court
THIS action was brought to recover the amount of a check made by the defendant on the 12th of October, 1861, at New York, directed to the Bull's Head Bank, and which required the said bank to pay to H. M. Pierce or bearer, on demand, the sum of 560 dollars. The check was presented at the bank on the 12th day of October, 1861, and payment demanded and refused..
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THIS action was brought to recover the amount of a check made by the defendant on the 12th of October, 1861, at New York, directed to the Bull's Head Bank, and which required the said bank to pay to H. M. Pierce or bearer, on demand, the sum of 560 dollars. The check was presented at the bank on the 12th day of October, 1861, and payment demanded and refused.. The defendant, in his answer, denied the transfer of the check to the plaintiff for a valuable consideration, and that he was the lawful owner and holder of it. He also alleged that the check was obtained of the defendant by fraud, and…
1Opinion of the Court
By the Court,
Miller, J.
I think the learned justice erred in his charge to the jury upon the trial of this cause. The evidence showed, that Pierce obtained of Lawrence on account of the check, $250, at one time and $310 at another time, being the next day, and the day of the date of the check, the 12th of October. At one of those times he showed the check to Lawrence; but gave his individual checks, on each occasion, for the amount of the moneys which he received. Pierce retained possession of Scudder’s check, deposited it in the bank, and after the check had been presented and *34payment…
2Cases cited4 opinions
- Hedges v. SealyNew York Supreme Court · 1850
- Franklin Bank v. RaymondNew York Supreme Court · 1829
- Chamberlain v. GorhamNew York Supreme Court · 1822
- Selden v. PringleNew York Supreme Court · 1854
3Cited by4 opinions
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- Burnham v. Merchants' Exchange BankWisconsin Supreme Court · 1896
- Muller v. PondirNew York Supreme Court · 1872
- Treadwell v. LincolnNew York Supreme Court · 1889