Legal Opinion

Aymar & Aymar v. Beers

New York Supreme Court

Decided October 15, 1827PublishedCited by 7 opinions

Assumpsit ; tried at the New York circuit, November 30th, 1825, before Edwards, 0. Judge. The action was against the defendant as drawer of an inland bill of exchange, dated New York, December 12th, 1822, directed to Robert Abbott, jun., & Go., Richmond, Virginia, payable to the order of John Bassett, at three days sight, for 487 dollars 34 cents. The bill was indorsed by John Bassett to George W. Bassett, and by *him to the plaintiffs.

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Assumpsit ; tried at the New York circuit, November 30th, 1825, before Edwards, 0. Judge. The action was against the defendant as drawer of an inland bill of exchange, dated New York, December 12th, 1822, directed to Robert Abbott, jun., & Go., Richmond, Virginia, payable to the order of John Bassett, at three days sight, for 487 dollars 34 cents. The bill was indorsed by John Bassett to George W. Bassett, and by *him to the plaintiffs. The signature and indorsements were admitted at the trial; and it was also admitted that John Bassett, the payee, was then, and always had been the owner of .…

1Opinion of the Court

Curia, per Woodworth, J.

Evidence was offered at the trial, to prove that the payee was a farmer in Virginia; and had brought to the city of New York a cargo of wheat, which the defendant had sold; and that the bill was given for the balance of the nett proceeds. This was objected to, *708and overruled by the judge. The decision was correct. The bill not appearing to have been drawn for an unlawful consideration, but, prima facie, for a valid one, the defendant was liable as drawer in case of a demand within a reasonable time, and non-payment, accompanied with notice to the drawer. It is on this…

2Cases cited5 opinions

  1. Field v. NickersonMassachusetts Supreme Judicial Court · 1816
  2. Furman v. HaskinNew York Supreme Court · 1805
  3. Losee v. DunkinNew York Supreme Court · 1810
  4. Sice v. CunninghamNew York Supreme Court · 1823
  5. Robinson v. AmesNew York Supreme Court · 1822

3Cited by7 opinions

  1. Fiedler v. . DarrinNew York Court of Appeals · 1872
  2. Dyas v. HansonMissouri Court of Appeals · 1883
  3. Austin v. RickerSupreme Court of New Hampshire · 1881
  4. F. Lane & Co. v. Bank of West TennesseeTennessee Supreme Court · 1872
  5. F. Lane & Co. v. Bank of West TennesseeTennessee Supreme Court · 1872

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