Legal Opinion

Schimmelpennich v. Bayard

Supreme Court of the United States

Decided March 10, 1828PublishedCited by 54 opinions

THIS action was instituted in tlte Circuit Court of the United States, for the Southern district of New-York, upon nine several bills of exchange, drawn at Baltimore, at sixty days . sight, by John-C. Delprat, on the plaintiffs, carrying on busi- ' ness under the firm of N. & J. 8c R. Van Staphorst, merchants . in Amsterdam, and endorsed by the defendants.

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THIS action was instituted in tlte Circuit Court of the United States, for the Southern district of New-York, upon nine several bills of exchange, drawn at Baltimore, at sixty days . sight, by John-C. Delprat, on the plaintiffs, carrying on busi- ' ness under the firm of N. & J. 8c R. Van Staphorst, merchants . in Amsterdam, and endorsed by the defendants. The cause was tried in April, 1825, and a verdict taken for the plaintiffs, for 832,275 95, being for the whole amount of their claim; subject to the opinion of the Court, upon a casé agreed. The Judges of the Court below, having divided in…

1Opinion of the Court

Mr. Chief Justice Marshal!,

delivered the opinion of the Court.-—

This action was brought qn- nine bills of exchange, drawn by-John C. Delprat, on the plaintiffs, and endorsed by the defendants, a list of which follows:

Baltimore; May 23,1822, J05OO favour of J. P. Kraft.

" 27 200 favour of defendants.

300 “

500 - “

June 12’ 1,000 £i

“■ 18 300 “

July. 31 1,000 «' fr. 10,000 “

“ “ “ « 5,000- «

These bills were regularly protested for non-acceptance and non-payment; but were accepted and paid, supra protest, by the drawees, for the honour of the defendants theendorsers. The jury •found a verdict for the…

2Cited by54 opinions

  1. Gill v. United StatesSupreme Court of the United States · 1896
  2. Boyce & Henry v. EdwardsSupreme Court of the United States · 1830
  3. Le Roy v. BeardSupreme Court of the United States · 1850
  4. Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
  5. Smith v. South Royalton BankSupreme Court of Vermont · 1859

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