Kenworthy v. Hopkins
New York Supreme Court
This was an action on a bill of exchange by the' endorsee, against the endorser. On the trial, the case appeared to, be as follows: The bill was drawn by Robert Murray ,& - Go., on James V., Murray on London, in favor of the defendant. It was accepted by the' drawee, and fell due or the 23d May, 1796, and was protested for non-payment on that day. The bill declared on and produced in evidence, was the second of a set of three bills.
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This was an action on a bill of exchange by the' endorsee, against the endorser. On the trial, the case appeared to, be as follows: The bill was drawn by Robert Murray ,& - Go., on James V., Murray on London, in favor of the defendant. It was accepted by the' drawee, and fell due or the 23d May, 1796, and was protested for non-payment on that day. The bill declared on and produced in evidence, was the second of a set of three bills. The hand-writiag of the drawees and of - the acceptor and endorser were proved or admitted. Buckley was called as a witness to, prove notice to the endorser, and…
1Per curiam
We think the protest and notice of nonpayment to the defendant, were sufficient. It was not incumbent on the plaintiff to transmit the bill itself which was protested. He had a right to proceed against the acceptor in England, as well as against the drawer and endorser here, and it might be essential to retain the. bill for that purpose.. If a different rule were to prevail, the security of such paper would be greatly impaired; for the holder of a bill in every case, where several parties living at a remote distance from each other should be liable upon it, would be driven to the necessity of…
2Cited by6 opinions
- Wells v. WhiteheadNew York Supreme Court · 1836
- People ex rel. Edick v. OsbornNew York Supreme Court · 1838
- Bank of the United States v. HatchUnited States Circuit Court · 1830
- Browning v. AndrewsU.S. Circuit Court for the District of Michigan · 1845
- Musson v. LakeSupreme Court of the United States · 1846
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