Stainback v. Bank of Virginia
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Petersburg, brought by the Bank of Virginia against Fittleberry E. Stainback, upon a bill of exchange for one thousand pounds sterling, drawn by F. C. Stainback of Petersburg upon T. W. Clagett of the city of London, endorsed by the defendant, and protested for nonacceptance.
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This was an action of assumpsit in the Circuit court of Petersburg, brought by the Bank of Virginia against Fittleberry E. Stainback, upon a bill of exchange for one thousand pounds sterling, drawn by F. C. Stainback of Petersburg upon T. W. Clagett of the city of London, endorsed by the defendant, and protested for nonacceptance. Upon the trial the plaintiff introduced the bill of exchange, which bore date the 20th *o£ February 1843, and was made payable sixty days after sight; and then offered in evidence the protest, which stated that oil this day, the 5th of April 1843, at the request of…
1Opinion of the CourtSamuels, J.
Two questions are presented by the record before us:
1st. Whether the protest made by the notary is sufficient in itself, or when aided by the parol proof offered, to charge the plaintiff in error as endorser.
2d. Whether the notice of dishonor was duly forwarded to the endorser, so as to charge him.
A_s to the first: The protest sets forth the facts that the notary took the bill on which the suit is brought, to the counting-house of Ciagett the drawee, and speaking to a clerk, exhibited the bill and demanded acceptance thereof; whereunto he answered that the same could not be accepted; and that…
2Cited by5 opinions
- Bradley v. Northern BankSupreme Court of Alabama · 1877
- Archer v. WardSupreme Court of Virginia · 1853
- Lee v. TapscottCourt of Appeals of Virginia · 1796
- Lee v. TapscottCourt of Appeals of Virginia · 1796
- Lee v. TapscottCourt of Appeals of Virginia · 1796