Boot v. Franklin
New York Supreme Court
THIS was an action of assumpsit, by the indorsee • , against the drawer oí a bill oí exchange. The bill was drawn in favour of Franklin, Robinson & Co. on Messrs.
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THIS was an action of assumpsit, by the indorsee • , against the drawer oí a bill oí exchange. The bill was drawn in favour of Franklin, Robinson & Co. on Messrs. Rathbone, Hughes Duncan, of Liverpool, payable in London, being similar to the one mentioned in the prece,ding case. - , Ihe declaration, alter stating a presentment to the drawees at Liverpool, their refusal to accept and the consequent protest, proceeded as follows : “ That after-.wards, to wit, on the 5th of November, 1807, being the day on which the said bill became payable, according to the custom of merchants at London, the…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The declaration in this suit varies from the one in the former cause, in these particulars only, viz. it states that after the bill was protested at Liverpool for non-acceptance, it was, when payable, protested at London for non-payment, w’ith an averment that the holders did not know where to present the same for payment in London; and it then avers, that of all the premises the defendant had notice.
The special demurrer to this declaration states that the plaintiffs have not alleged that the bill was presented to the drawees for payment, nor…
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