Legal Opinion

Kramer v. M'Dowell

Supreme Court of Pennsylvania

Decided September 15, 1844PublishedCited by 2 opinions

ERROR to the District Court of Allegheny county. Allen Kramer against A. N. M’Dowell. This was an action to recover the amount of a bill of exchange drawn at Pittsburgh by William Seely on Benjamin Naglee of Philadelphia, for $250, payable to the order of the defendant, A. N. M’Dowell, forty days after date, who endorsed the same to the plaintiff.

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ERROR to the District Court of Allegheny county. Allen Kramer against A. N. M’Dowell. This was an action to recover the amount of a bill of exchange drawn at Pittsburgh by William Seely on Benjamin Naglee of Philadelphia, for $250, payable to the order of the defendant, A. N. M’Dowell, forty days after date, who endorsed the same to the plaintiff. The bill was duly protested at Philadelphia for non-payment, and notice thereof to the drawer and endorsers forwarded by mail to the drawer at Pittsburgh, who enclosed the notice for the endorser, A. N. M’Dowell, and deposited it in the post-office…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

The reports are full of cases as to what is or is not notice of the protest of a note or bill; and would seem to have gone as far as public convenience or private individual justice to the parties would require. These rules were made for mercantile or business men, who are in the habit of drawing notes or bills, and receiving letters by mail; and to apply them to a farmer, who never endorsed a note before, and does not receive a letter by mail once in three months, is hard enough, if not more than enough; but we are asked to go one step…

2Cited by2 opinions

  1. Tanner v. HughesSupreme Court of Pennsylvania · 1867
  2. Cassidy v. KreamerSupreme Court of Pennsylvania · 1888

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