Fisher v. Beckwith
Supreme Court of Vermont
■Assumpsit. The plaintiff alleged, in his declaration, that one Woodman, on the 20th day of March, 1843, at Norway, in the State of'Maine, drew his bill of exchange upon the defendant, thereby requiring him to pay to the plaintiff, or order, nineteen dollars, on demand, and that the defendant, on the first of April, 1843, accepted the said bill, and thereby became liable to pay to the plaintiff the sum therein specified, according to its tenor.
Read the full summary
■Assumpsit. The plaintiff alleged, in his declaration, that one Woodman, on the 20th day of March, 1843, at Norway, in the State of'Maine, drew his bill of exchange upon the defendant, thereby requiring him to pay to the plaintiff, or order, nineteen dollars, on demand, and that the defendant, on the first of April, 1843, accepted the said bill, and thereby became liable to pay to the plaintiff the sum therein specified, according to its tenor. Trial by the court, upon a case stated, — Redeield, J., presiding. It was agreed by the parties, that the bill described in the declaration was drawn,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is objected in behalf of the defendant, that there was not a due presentment of the order, either for acceptance, or payment, — nor any valid acceptance.
The case does not show, that the order was exhibited to the defendant, though he was informed by Denison, the plaintiff’s agent, that he had it; and this was at Sutton, the defendant’s place of residence. But an actual view, or precise description, of the order was not important to the defendant, under the circumstances. He had previously been apprised of all that was material by Woodman,…
2Cases cited1 opinion
- Chittenden v. HurlburtSupreme Court of Vermont · 1826
3Cited by8 opinions
- First National Bank v. HatchSupreme Court of Missouri · 1883
- Dickson v. DicksonCourt of Appeals of Texas · 1959
- O'Connell v. Mount Holyoke CollegeMassachusetts Supreme Judicial Court · 1899
- Pierce v. KittredgeMassachusetts Supreme Judicial Court · 1874
- Ragsdale v. GreshamSupreme Court of Alabama · 1904
3 more not listed; retrieve them via the Exa API.