Fenwick v. Sears's Administrators
Supreme Court of the United States
Error from the judgment of the circuit court of the district of Columbia, sitting at Washington, in an action on the case on a foreign bill of exchange, by the administrators of the indorsee against the indorser.
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Error from the judgment of the circuit court of the district of Columbia, sitting at Washington, in an action on the case on a foreign bill of exchange, by the administrators of the indorsee against the indorser. The case, as it appears in the pleadings and bills exceptions, was as follows: Francis Lewis Taney, at Paris, in France, drew the following bill of exchange: “Paris, 5th August, 1797, “Sixty days after sight of this my second of exchange, "(first and third not paid) pay to the order of Mr. Jo-“seph Fenwick the sum of three hundred and fifty dol-“lars, for value received in account,…
1Opinion of the Court
The Court
gave the following judgment.
“ It is decreed by the court that the defendants Stricker “ and Payson, not having obtained letters of administration “ in the district of Columbia, were not competent to main " tain this action; and that the circuit court of the “ United States in and for the said district erred in over- “ ruling the demurrer. It is therefore considered by the “ court, that the judgment of the said circuit court, on “ the said demurrer, be, and the same is hereby reversed, “ and that judgment thereon be rendered for the defend- " ant in the original action.”*
The reporter…
2Cited by1 opinion
- Fenwick v. Sears's AdministratorsSupreme Court of the United States · 1803