Moran v. Anderson

New York Supreme Court

Moran v. Anderson

1 Abb. Pr. 288

DecidedMarch 15, 1855

StatusPublished

This text of 1 Abb. Pr. 288 (Moran v. Anderson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moran v. Anderson, 1 Abb. Pr. 288 (N.Y. Super. Ct. 1855).

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Opinion

Clerke, J.

The first two objections to the complaint are merely objections to the amount of damages claimed, and this is no less the case with.the third.

Bo doubt the question of damages in lieu of exchange and re-exchange, ordinarily arises in regard to the drawer and indorsers; but the acceptor is liable, at all events, for the expenses of the protest, with interest.

The third objection therefore is also a mere objection to the amount claimed, which of course can be taken advantage of by answer, and adjusted at the trial.

Motion granted, with liberty to defendants to answer in ten days, on paying $10 costs.

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Clerke, J.

The first two objections to the complaint are merely objections to the amount of damages claimed, and this is no less the case with.the third.

Bo doubt the question of damages in lieu of exchange and re-exchange, ordinarily arises in regard to the drawer and indorsers; but the acceptor is liable, at all events, for the expenses of the protest, with interest.

The third objection therefore is also a mere objection to the amount claimed, which of course can be taken advantage of by answer, and adjusted at the trial.

Motion granted, with liberty to defendants to answer in ten days, on paying $10 costs.

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Bluebook (online)

1 Abb. Pr. 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moran-v-anderson-nysupct-1855.