Atwater v. Streets
Michigan Supreme Court
Question reserved and certified from Berrien Circuit Court. Assumpsit against the defendants as endorsers of a bill of exchange for $200, drawn in this state, upon a person residing in the state of New York, and payable at the Bank of Buffalo, in that state. Plea, non-assumpsit.
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Question reserved and certified from Berrien Circuit Court. Assumpsit against the defendants as endorsers of a bill of exchange for $200, drawn in this state, upon a person residing in the state of New York, and payable at the Bank of Buffalo, in that state. Plea, non-assumpsit. On the trial of the cause, the plaintiffs read in evidence the certificate of a notary public, under his notarial seal, of the presentment, protest, and notice of dishonor of the bill; but did not prove that any copy of the protest was sent, with the notice, to the defendants. A verdict was found for the plaintiffs,…
1Opinion of the CourtFelch, J.
Under the decisions of the Supreme Court of the United States, the bill of exchange declared on, must be considered a foreign bill. Townley v. Sumrall, 2 Pet. R. 179.
A protest of such a bill is necessary to charge the endorser; and such protest must be proved at the trial. Notice of the dishonor of the bill must also be given to the en*456clorser; but must the notice be accompanied with a copy of the protest?
Notice of the due presentment of the bill, and refusal of payment, is, in general, sufficient; but when the endorser is abroad, or out of England, the English authorities require something…
2Cases cited2 opinions
- Mitchell v. StarbuckMassachusetts Supreme Judicial Court · 1813
- Lenox v. LeveretiMassachusetts Supreme Judicial Court · 1813