Legal Opinion

Mayhew v. Prince

Massachusetts Supreme Judicial Court

Decided March 15, 1814PublishedCited by 11 opinions

This was an action of assumpsit, upon eight several bills of exchange, drawn by the defendant at New Orleans, at the several times they bear date, on Higginson, Hodge Co., a mercantile house in New York, of which Stephen Higginson, Jun., of Boston, was the principal. The bills were payable to the plaintiffs, or their order, and by the tenor of them were to be placed to the debit of the said S. H., Jun.

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This was an action of assumpsit, upon eight several bills of exchange, drawn by the defendant at New Orleans, at the several times they bear date, on Higginson, Hodge Co., a mercantile house in New York, of which Stephen Higginson, Jun., of Boston, was the principal. The bills were payable to the plaintiffs, or their order, and by the tenor of them were to be placed to the debit of the said S. H., Jun. At the trial, which was had on the general issue, November term, 1812, before Parker, J., it was in evidence that the bills were seasonably presented to the house in New York, and were…

1Opinion of the Court

At this term judgment was pronounced by

Parker, J.

We are unable to find any legal answer to the demand of the plaintiffs in this case, in the defence set up. The defendant drew the bills in question, putting his own name to them without any qualification. He must therefore be considered as the responsible drawer. The agency under which he acted is a matter between him and his employer; but cannot protect him from the claim of the payees of the bills, who have a right to consider him as an independent drawer, notwithstanding they may have known, either from the terms of the bills themselves, or…

2Cases cited2 opinions

  1. Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
  2. Arfridson v. LaddMassachusetts Supreme Judicial Court · 1815

3Cited by11 opinions

  1. Rogaris v. AlbertMassachusetts Supreme Judicial Court · 2000
  2. Storer v. LoganMassachusetts Supreme Judicial Court · 1812
  3. Guthrie v. ImbrieOregon Supreme Court · 1885
  4. In re Estate of BarronSupreme Court of Vermont · 1919
  5. National German American Bank v. LangNorth Dakota Supreme Court · 1891

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