Penoyer v. Watson
New York Supreme Court
THIS was an action of assumpsit, brought to recover the e r 7 0 amount of a bill of exchange drawn by the defendant on e ° v the plaintiff, and which-the latter accepted and paid. The cause was tried before Mr. J. Yates, at the New- York sit- . . tings, 111 April, 1818. The bill in question was dated at New-York, April 12, 1816, and was drawn at 90 days after date, for 592 dollars and 58 cents.
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THIS was an action of assumpsit, brought to recover the e r 7 0 amount of a bill of exchange drawn by the defendant on e ° v the plaintiff, and which-the latter accepted and paid. The cause was tried before Mr. J. Yates, at the New- York sit- . . tings, 111 April, 1818. The bill in question was dated at New-York, April 12, 1816, and was drawn at 90 days after date, for 592 dollars and 58 cents. At the trial, the defendant produced in evidence a statement, dated the 13th of April, 1816, and s’8ne<^ by plaintiff, of bills accepted by him on a letter of credit from Jennings Roddy, for account of…
1Opinion of the CourtSpencer, J.
(After stating the facts of the case.) The question is, whether the plaintiff can maintain an action against the defendant on the bill, or must resort to Jennings Roddy.
*102The case of Myers and Edge, (7 Term, Rep. 254.) is prcc¡se]y jn point. There a letter of credit was directed to the house of A. B. & Co. promising to pay for goods to be furnished to D. The goods were furnished after A., one of the partners, had withdrawn from the partnership, and the guarantor was held not to be liable. This Court has recognized the law of that case, in Walsh & Beekman v. Bailie ; (10 Johns. Rep. 180.) and in…
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