Mead v. Engs
New York Supreme Court
Assumpsit, oil an inland bill of exchange, by the plaintiffs, as endorsees, against the defendant, as drawer, tried at the New York circuit, January 18th, 1825, before Edwards C. Judge. The hill was dated at New York, June 17th, 1823, and drawn on one Bourne, Bristol, Rhode Island, for $400, at four months, by the defendant, payable to his own order ; and by him endorsed to the plaintiffs. It was duly accepted and left at the Freeman’s Bank, Bristol, for collection.
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Assumpsit, oil an inland bill of exchange, by the plaintiffs, as endorsees, against the defendant, as drawer, tried at the New York circuit, January 18th, 1825, before Edwards C. Judge. The hill was dated at New York, June 17th, 1823, and drawn on one Bourne, Bristol, Rhode Island, for $400, at four months, by the defendant, payable to his own order ; and by him endorsed to the plaintiffs. It was duly accepted and left at the Freeman’s Bank, Bristol, for collection. The hill was due October 20tli, 1823 ; payment demanded on that day by a notary, who protested it for nonpayment ; and returned…
1Opinion of the Court
Curia, per Sutherland, J.
No laches are imputed after the bill and protest reached Flewelling. The law does not require the holder of a bill or note to give the earliest possible notice of its dishonor. It requires of him only an ordinary and reasonable diligence. (Bank of Utica v. Smith, 18 ohn. 240, per Spencer, J. 3 B. & P. 602.) Nor is he bound *306the moment he receives notice of the dishonor of a bill to lay aside all other business, and dispatch notice to the prior parties to the bill. If reasonable diligence is used it is sus. ficient. (Scott v. Lifford, 9 East, 347. 1 Camp. 246, S. C.)…
2Cases cited3 opinions
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
- Morgan v. Van IngenNew York Supreme Court · 1807
3Cited by18 opinions
- Ogden v. DobbinThe Superior Court of New York City · 1829
- West River Bank v. TaylorNew York Court of Appeals · 1865
- Smith v. . PoillonNew York Court of Appeals · 1882
- Duke of Cumberland v. . GravesNew York Court of Appeals · 1852
- Beale v. . ParrishNew York Court of Appeals · 1859
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