Brown & Sons v. Ferguson
Supreme Court of Virginia
This was an action of assumpsit, in the circuit court of Norfolk, brought by Brown Sy Sons, indorsees of a bill of exchange, against Ferguson, the drawer.* There was a great deal of special pleading, on both sides, but the case having been tried at last on the general issue, the jury found a special verdict; and the question was, Whether, upon the case found in the verdict, and upon the merits, the plaintiffs were entitled, on any ground, to recover ? 1. It was found, in the…
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This was an action of assumpsit, in the circuit court of Norfolk, brought by Brown Sy Sons, indorsees of a bill of exchange, against Ferguson, the drawer.* There was a great deal of special pleading, on both sides, but the case having been tried at last on the general issue, the jury found a special verdict; and the question was, Whether, upon the case found in the verdict, and upon the merits, the plaintiffs were entitled, on any ground, to recover ? 1. It was found, in the special verdict, that the bill of exchange, on which the action was brought, was drawn on the 30th January 1817, at…
1Opinion of the CourtCarr, J.
This case was admitted, in the argument, to depend entirely on the special verdict; I have therefore confined my examination to it. Two points were considered as arising out of it: 1. Whether a regular notice of non-payment of the bill, was necessary, under the circumstances, to charge the drawer? 2. Whether such notice was given?
*49Upon the reason and justice of the case, I at first felt doubts, whether the drawer was entitled to strict commercial notice. There is no doubt, that he was authorized to draw the bill, for the jury find, that the drawees owed him the sum for which it was drawn.…
2Cases cited2 opinions
- Bellows v. Hallowell & Augusta BankU.S. Circuit Court for the District of Massachusetts · 1819
- Brown & Rives v. Ralston & PleasantsCourt of Appeals of Virginia · 1826
3Cited by4 opinions
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- Grimes v. TaitSupreme Court of Oklahoma · 1908
- Collett v. FrederiksenNebraska Supreme Court · 1945
- Oakley v. CarrNebraska Supreme Court · 1902