In re Brown
U.S. Circuit Court for the District of Massachusetts
[Adjournment from the district court of the United States for the district of Massachusetts. [In bankruptcy. Petition by the assignee to expunge a claim from the list of proved debts, and petition by creditor praying payment of the claim so proved. The ease was adjourned from the district court on an agreed statement of facts, and the court certified the adjourned question in favor of the creditor.) Wm.
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[Adjournment from the district court of the United States for the district of Massachusetts. [In bankruptcy. Petition by the assignee to expunge a claim from the list of proved debts, and petition by creditor praying payment of the claim so proved. The ease was adjourned from the district court on an agreed statement of facts, and the court certified the adjourned question in favor of the creditor.) Wm. Courtis & Co. proved as a debt against the estate of Ephraim Brown, a bankrupt, the following checks: “Granite Bank. 703 dolls. 50 cts. Boston, April 18th, 1841. Pay to W. Courtis & Co., ISth…
1Opinion of the Court
STORY, Circuit Justice.
I cannot say, that I entertain any doubt upon either of the questions, which have been argued in this case, although they are presented under somewhat novel circumstances. The argument for the assignee resolves itself into these points: (1). That these instruments, although in the form of checks, are, in fact, inland bills of exchange, and governed by all the rules thereof, as to presentment and notice. (2). That here no due notice was given to the drawer of the presentment and dishonor of these checks; and that the circumstances, relied on as a waiver, do not justify…
2Cases cited4 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Harker v. AndersonNew York Supreme Court · 1839
- Mohawk Bank v. Broderick & PowellNew York Supreme Court · 1833
- Mohawk Bank v. BroderickCourt for the Trial of Impeachments and Correction of Errors · 1834
3Cited by19 opinions
- Bull v. Bank of KassonSupreme Court of the United States · 1887
- Coates v. PrestonIllinois Supreme Court · 1882
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
- Johnson v. HarrisonIndiana Supreme Court · 1912
- Zeigler v. PeopleSupreme Court of Colorado · 1942
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