Allen v. Suydam

Court for the Trial of Impeachments and Correction of Errors

Allen v. Suydam

1 Lock. Rev. Cas. 44

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 44 (Allen v. Suydam) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Suydam, 1 Lock. Rev. Cas. 44 (N.Y. Super. Ct. 1799).

Pincite

Opinion

The Court of Errors, affirming the liability of the defendants, reversed the judgment of the Supreme Court, on the ground that the plaintiffs were entitled only to the damages actually sustained. Those under the circumstances would seem to be merely nominal. The rule for judgment of reversal was adopted in the following terms:—

“ It is adjudged, Spc., that an agent who receives a bill for collection, which has not been accepted, is bound to present the same for acceptance, without any unreasonable delay, as well as to present the same for payment when it becomes due, or he will be liable to his principal for the damages which the latter sustains by such negligence.”

Judgment reversed, 20 to 4.

Free access — add to your briefcase to read the full text and ask questions with AI

The Court of Errors, affirming the liability of the defendants, reversed the judgment of the Supreme Court, on the ground that the plaintiffs were entitled only to the damages actually sustained. Those under the circumstances would seem to be merely nominal. The rule for judgment of reversal was adopted in the following terms:—

“ It is adjudged, Spc., that an agent who receives a bill for collection, which has not been accepted, is bound to present the same for acceptance, without any unreasonable delay, as well as to present the same for payment when it becomes due, or he will be liable to his principal for the damages which the latter sustains by such negligence.”

Judgment reversed, 20 to 4.

Cite This Page — Counsel Stack

Bluebook (online)

1 Lock. Rev. Cas. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-suydam-nycterr-1799.