Weldon v. Buck
New York Supreme Court
THIS was an action of assumpsit brought by the plaintiffs* who reside in Great Britain, on a bill of exchange drawn by Robinson, of St. Kitts, in the West-Indies, in favour of Freeman, on Worswick and Allman, of Lancaster, in England, for 260/. sterling, payable in 90 days after sight. The bill was indorsed by Freeman and by the defendants.
Read the full summary
THIS was an action of assumpsit brought by the plaintiffs* who reside in Great Britain, on a bill of exchange drawn by Robinson, of St. Kitts, in the West-Indies, in favour of Freeman, on Worswick and Allman, of Lancaster, in England, for 260/. sterling, payable in 90 days after sight. The bill was indorsed by Freeman and by the defendants. The bill was protested for non-acceptance, on the 23d May, 1806, but no demand of payment, or protest for non-payment, was made, until four days after the days of grace had expired. Due notice of the non-acceptance was given to the defendants on the 2d…
1Opinion of the CourtVan Ness, J.
The plaintiffs’ right to recover is denied, on the ground that they were bound to present the bill for payment, and to have the same presented for non-payment, notwithstanding it had previously been protested for non-acceptance. There are some dicta to give colour to this objection, but they are neither supported by adjudged cases, nor well founded in principle, A notion once obtained in England, that itt certain cases the holder, by having the bill protested for non-acceptance, could oblige the drawer or indorser to give security for the payment of it when it fell due; (Cunningham on Bills,…
2Cited by2 opinions
- Simmons v. ThompsonOhio Superior Court, Cincinnati · 1855
- Welden v. BuckNew York Supreme Court · 1808