Lee Bank v. Kuching
The Superior Court of New York City
Appeal from an order striking out a portion of an answer. The complaint was on two bills of exchange, drawn on the defendant by one P. G. Kane in favor of Mrs. E. Kane. It alleged that the drawer delivered them for valuable consideration to the payee, and that they were subsequently accepted by defendant; and that thereafter, and before maturity, they were indorsed by the payee for valuable consideration to the plaintiffs; and were not paid at maturity, though duly demanded.
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Appeal from an order striking out a portion of an answer. The complaint was on two bills of exchange, drawn on the defendant by one P. G. Kane in favor of Mrs. E. Kane. It alleged that the drawer delivered them for valuable consideration to the payee, and that they were subsequently accepted by defendant; and that thereafter, and before maturity, they were indorsed by the payee for valuable consideration to the plaintiffs; and were not paid at maturity, though duly demanded. The first paragraph, of the answer denied (for want of information or belief) that the bills were delivered to the…
1Opinion of the Court
By the Court.—Hoffman, J.
The plaintiffs sue upon an acceptance, by the defendant, of a bill drawn by P. C. Kane in favor of Hrs. Edith Kane, and indorsed by her. The complaint states a due indorsement of the bill to the plaintiffs; a demand for payment, and refusal. There is another cause of action upon another bill, made and accepted under the like circumstances.
The answer sets up that P. C. Kane was the defendant’s debtor; that he accepted the bill for Kane’s accommodation, to enable him to raise money from the bank, upon the faith of Hrs. Kane having provided security for the payment by…
2Cases cited5 opinions
- Watson v. HussonThe Superior Court of New York City · 1852
- Kurtz v. McGuireThe Superior Court of New York City · 1856
- Welch v. HazeltonNew York Supreme Court · 1857
- Bowman v. SheldonThe Superior Court of New York City · 1852
- Franklin & Hunt v. KeelerNew York Court of Chancery · 1834
3Cited by4 opinions
- Bosler v. CobleWyoming Supreme Court · 1906
- Hudson v. SwanNew York City Court · 1879
- Hoffman v. NewellThe Superior Court of the City of New York and Buffalo · 1892
- Peaslee v. PeasleeThe Superior Court of New York City · 1893