Opinion

National Park Bank v. Ninth National Bank

  • 7 Abb. Pr. 120
Court
New York Supreme Court
Filed
Apr 15, 1869
Status
Published
Author
Sutherland
On the bench
Ingraham, Sutherland
Cited by
0 cases

The opinion

Sutherland, J. (dissenting).

— I have nothing to add to my opinion below in this case, except this : The case of Jenys v. Fowler (2 Strange, 946), was alluded to by the counsel for plaintiff, in Price v. Neale, as reported (3 Burr., 1354; 1 Blackw., 390), and from what Lord Raymond said in that case, it is probable that the rule in Price v. Neale was really adopted on the ground of public policy ; that is, that the adoption of the rule was calculated to promote the negotiability of commercial paper, by promoting confidence in its genuineness.

Judgment reversed, and demurrer overruled.

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