Read v. Wilkinson
U.S. Circuit Court for the District of Pennsylvania
The action was founded, amongst other items of account, upon a bill of exchange for six hundred and twenty pounds, drawn by the defendant on P. Noland, February 2nd, 1790, in favour of the plaintiff, dated in Kentucky, which was never protested; but Wilkinson was informed that it was not paid. He afterwards paid a part of it, for which a receipt was endorsed.
Read the full summary
The action was founded, amongst other items of account, upon a bill of exchange for six hundred and twenty pounds, drawn by the defendant on P. Noland, February 2nd, 1790, in favour of the plaintiff, dated in Kentucky, which was never protested; but Wilkinson was informed that it was not paid. He afterwards paid a part of it, for which a receipt was endorsed. He afterwards by letter to the plaintiff, plainly intimated that he was to furnish the drawee with funds to pay the bill. Secondly: upon a bill drawn by General Moyland of Philadelphia, on the defendant, in Kentucky, in 1790, in favour…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). As to the objection to the want of protest of the six hundred and twenty pounds bill, the plaintiff is right in his law. The want of funds in the hands of the drawee, the drawer’s payment of part of it, *360nnd his subsequent acknowledgment of the debt, and promise to send funds to take it up, are either of them sufficient to dispense with notice and protest.
Secondly; as to Moyland’s bill, the defendant is right. It was conditional, and it is incumbent on the plaintiff to show the condition performed.
Thirdly; as to the act of limitations. A promise to pay. within the time…
2Cited by6 opinions
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- Greele v. ParkerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Big Diamond Milling Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1919
- Mattocks v. ChadwickSupreme Judicial Court of Maine · 1880
- Buckley v. BentleyNew York Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.