Mohawk Bank v. Broderick
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The defendants were sued as the endorsers of a check drawn in their favor by J. Le Breton, on the Mechanics’ and Farmers’ Bank of Albany. The check bore date on the 14th January, 1830; and several days previous to its date, the defendants transferred it to one J. Myers, who, on the day of its date, deposited it in the Mohawk Bank at Schenectady, by which bank it was received, and entered to the credit of Myers as cash.
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Error from the supreme court. The defendants were sued as the endorsers of a check drawn in their favor by J. Le Breton, on the Mechanics’ and Farmers’ Bank of Albany. The check bore date on the 14th January, 1830; and several days previous to its date, the defendants transferred it to one J. Myers, who, on the day of its date, deposited it in the Mohawk Bank at Schenectady, by which bank it was received, and entered to the credit of Myers as cash. The bank retained the check until the third day of February, when they sent it to Albany, and three days thereafter a demand was made at the…
1Opinion of the Court
The following opinion was delivered:
By the Chancellor.
The check in this cáse was postdated as of the 14th of January, although actually drawn and negotiated before that time. Hence it is insisted, in behalf of the defendants, that it must be considered as if it was dated at the time it was actually drawn, and was made payable on a day certain. The court below was right, however, in treating it as a bill or check, payable at sight, or upon the presentment thereof at the bank, at any time on or after the day of its date, but not before; or, in other words, so far as concerns the question of…
2Cited by22 opinions
- Smith v. JanesNew York Supreme Court · 1838
- In re BrownU.S. Circuit Court for the District of Massachusetts · 1843
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
- Dyas v. HansonMissouri Court of Appeals · 1883
- Bowen v. . NewellNew York Court of Appeals · 1853
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