Pierce v. Struthers
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren county. This was an action of assumpsit against the defendant, Struthers, on his endorsement upon a draft or bill of exchange, of which the following is a copy: — ■ “New York, February 23, 1854. “ $5000. Four months after date pay to the order of Tilden & Co. five thousand dollars, value received, and charge to the account of Edward Hazen. “ To Jas. T. Foster, Esq. “ 78 Beaver street, New York.”
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Error to the Common Pleas of Warren county. This was an action of assumpsit against the defendant, Struthers, on his endorsement upon a draft or bill of exchange, of which the following is a copy: — ■ “New York, February 23, 1854. “ $5000. Four months after date pay to the order of Tilden & Co. five thousand dollars, value received, and charge to the account of Edward Hazen. “ To Jas. T. Foster, Esq. “ 78 Beaver street, New York.” Which was accepted by Foster and endorsed by “Tilden & Co., “Thos. Struthers, “W. A. Irvine.” After proof of the handwriting of all the parties down to the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
We do not venture to declare how far the difference between bills of exchange and promissory notes affects the question relative to the place where payment must be demanded, but certainly they are distinguished in some degree on this point. In relation to foreign bills, the date and address are of very positive *252value iu the question of presentment; for it is the difference between them that furnishes the test whether a bill is foreign or domestic, and that governs the damages, exchange, and interest upon them. A bill of exchange dated at…
2Cases cited7 opinions
- Freeman v. BoyntonMassachusetts Supreme Judicial Court · 1811
- McGruder v. Bank of WashingtonSupreme Court of the United States · 1824
- Anderson v. DrakeNew York Supreme Court · 1817
- Bank of Utica v. DavidsonNew York Supreme Court · 1830
- Chapman v. Lipscombe & PowelNew York Supreme Court · 1806
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3Cited by2 opinions
- Marwitz's EstateSupreme Court of Pennsylvania · 1926
- Hazlett v. BragdonSuperior Court of Pennsylvania · 1898