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13 N.Y. 290

Bowen v. . Newell

New York Court of Appeals

Decided December 5, 1855

New York Court of Appeals · decided 1855-12-05

Action in the superior court of the city of New York, against the drawers and endorser of an instrument of which the following is a copy: $2000. New York, Oct. 5,1849. Cashier of Thompson Bank, Pay Zenas Newell or order, two thousand dollars, on the 12th inst. (Signed) (Endorsed) B. Searls & Son. Zenas Newell. *Newell defended on the ground that he was not r*29p charged as endorser. The action was twice tried..

Cited in Bouvier (1914)’s definition of “Days Of Grace”

Good law ✅— No negative treatment on recordhow we know

Decided 1855-12-05

How this case has been cited

Cited by 6 later decisions — most recently July 1930

1 federal appellate · 5 state decisions

30185518601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Johnson, J.

¶1 When this case was before this court upon a former occasion, its discussion and decision chiefly involved the inquiry, whether, by the law merchant, the instrument declared on was such that days of grace were or were not to be allowed upon it. Upon that question, we were of opinion that it was entitled to days of grace. We were further of opinion, that the usage of the Thompson Bank did not control the rights of the parties in this respect.

¶2 As the case now presents itself, it appears that by the law of the State of Connecticut, where this paper was to be *paid, it was payable upon the day when, by its tenor, it became due, without grace. What the law of a *292] foreign country is, can only be determined upon evidence; it is a question of fact. The superior court has decided upon evidence derived from the best sources, and of the most unquestionable character, that such is the law of Connecticut, and we see no ground to doubt the correctness of that conclusion. Nor is there any more room to doubt that by the law of this State, the law of Connecticut is to control and govern in respect to the allowance of grace upon a bill of exchange or check drawn upon and payable at a bank in that State. (Story Conf. of Laws, 2d. ed., § 361.)

¶3 The judgment should be affirmed.

¶4 Judgment accordingly.

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