Bryden v. Bryden
New York Supreme Court
THIS was an action of assumpsit brought against the defendant, as endorser of a bill of exchange. The cause was tried before the Chief Justice, at the New-York sittings, in November, 1813. The bill of exchange was dated at Baltimore, the 23d July, 1799, drawn by C. F. C. Busche on J. A- and D. IT. Rucker, Esqs. of London, for 120 pounds sterling, at sixty days’ sight, in favour of William Magruder, who endorsed it to the defendant, who endorsed it to the plaintiff.
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THIS was an action of assumpsit brought against the defendant, as endorser of a bill of exchange. The cause was tried before the Chief Justice, at the New-York sittings, in November, 1813. The bill of exchange was dated at Baltimore, the 23d July, 1799, drawn by C. F. C. Busche on J. A- and D. IT. Rucker, Esqs. of London, for 120 pounds sterling, at sixty days’ sight, in favour of William Magruder, who endorsed it to the defendant, who endorsed it to the plaintiff. The first of the set of exchange which had been protested, was lost with the vessel in which it *■ 7 was sent, in its passage…
1Opinion of the CourtSpences, J.
Taylor, the holder of the bill, and the defendant, the endorser, both resided in the" city of Baltimore. The only evidence of the non-acceptance of the bill is the deposition of Taylor, who states that within three clays after the receipt of the letter advising him of the non-acceptance of the bill, he gave verbal notice thereof to the defendant. He also directed Payne, his clerk, who is since dead, to give notice to the defendant, who afterwards acknowledged to Taylor that he had received such- notice from Payne ; but when Payne • gave the notice does not appear. Tt is presumable, however,…
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