Chapman v. Lipscombe & Powel
New York Supreme Court
THIS was an action, on an inland bill of exchange, against the defendants, as drawers. The cause was tried at the Nezv-York sittings, the 27th April 1805, before Mr. Justice Thompson, when the jury found a verdict for the plaintiff. The defendants, who are merchants, residing at Peters-burgh in Virginia, drew the bill in question, for $391 and 33 cents, at 6 months sight, dated “ Nezv-York, April 15 1803,” on Messrs. Hackley £s? Fisher of Nezv-York, by whom it was accepted.
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THIS was an action, on an inland bill of exchange, against the defendants, as drawers. The cause was tried at the Nezv-York sittings, the 27th April 1805, before Mr. Justice Thompson, when the jury found a verdict for the plaintiff. The defendants, who are merchants, residing at Peters-burgh in Virginia, drew the bill in question, for $391 and 33 cents, at 6 months sight, dated “ Nezv-York, April 15 1803,” on Messrs. Hackley £s? Fisher of Nezv-York, by whom it was accepted. When the bill became due, payment was demanded of the acceptors, which was refused. The bill having been protested on…
1Per curiam
Without discussing or deciding on the point, whether the subsequent promise of Lipscombe to Whitlock, was a waiver of notice, we are of opinion, that due notice of the dishonour of the bill was given. The bill was drawn .and dated at New-Tork, and there is no evidence, that the plaintiff knew that the defendants resided at Petersburgh ; he inquired at the banks, and elsewhere, and being informed that the drawers resided at Norfolk, he sent a notice by post to them, and another addressed to them at New-Tork; this is sufficient, and all that ought to be required of him. He has used due…
2Cited by8 opinions
- Fisher v. EvansSupreme Court of Pennsylvania · 1813
- Pierce v. StruthersSupreme Court of Pennsylvania · 1856
- Burk v. ShreveSupreme Court of New Jersey · 1877
- Central National Bank v. AdamsSupreme Court of South Carolina · 1879
- Ferris v. SaxtonSupreme Court of New Jersey · 1818
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