Leonard v. Mason
New York Supreme Court
Error from the Onondaga common pleas. A. Leonard sued Mason-in a justice’s court, on an order for the payment of money accepted by Mason. The plaintiff held a promissory note against one N. Leonard for $34,48, underneath which was written an order or bill of exchange, in these words : “ Levi Mason, Esq., please pay the above note, and hold it against me in our settlement. N. Leonard.”
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Error from the Onondaga common pleas. A. Leonard sued Mason-in a justice’s court, on an order for the payment of money accepted by Mason. The plaintiff held a promissory note against one N. Leonard for $34,48, underneath which was written an order or bill of exchange, in these words : “ Levi Mason, Esq., please pay the above note, and hold it against me in our settlement. N. Leonard.” The justice gave judgment for the defendant, and the plaintiff appealed to the Onondaga common pleas. On the trial in that court, the note, with the order written thereunder, were produced, and a presentment to,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only- question is, whether the order which the defendant accepted, is a good bill of exchange: if so, a parol acceptance is good. It is supposed that this case depends on the same principles as the case of Cook v. Satterlee & Satterlee, (6 Cowen, 108.) The rule there recognized is, that a bill of exchange must be for the payment of money, and nothing else. In that case, the drawees were required to pay a certain sum of money, and take up a note given by the drawer to a third person. Here it is to pay & note, which is referred to merely to ascertain the amount ;…
2Cited by15 opinions
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- Carter v. BurleySuperior Court of New Hampshire · 1838
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