Robinson v. Ames
New York Supreme Court
THIS was an action of assumpsit, on a bill of exchange drawn by the defendants, merchants in Augusta, in the state 0f Qeorma on the 6th of March, 1819, upon Townsend and White, merchants, in the city of JVew-York, for five hundred dollars, payable sixty days after sight, to Starr and R°ss> or order, by whom it was indorsed to the plaintiff, The cause was tried at the JVew-York Sittings, in June, . t 1821, before the Chief Justice.
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THIS was an action of assumpsit, on a bill of exchange drawn by the defendants, merchants in Augusta, in the state 0f Qeorma on the 6th of March, 1819, upon Townsend and White, merchants, in the city of JVew-York, for five hundred dollars, payable sixty days after sight, to Starr and R°ss> or order, by whom it was indorsed to the plaintiff, The cause was tried at the JVew-York Sittings, in June, . t 1821, before the Chief Justice. JLhe bill was presented for acceptance on the 20th of May, 1819, and notice of non-acceptance sent, by mail, on the next day, to the 1 ’ v ' J . drawers, by a…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the Court
The questions in this case are, 1. Whether the bill wa» transmitted in due time; and, 2. Whether the want of funds in the hands of the drawees, will excuse the delay in presenting the bill, or the irregularity in the notice of the non-payment of it.
I am entirely satisfied that there is no foundation for saying, the defendants are precluded from setting up laches, because they had no right to draw the bill. The case of Bickerdike v. Bollmar, (1 Term Rep. 405.) is considered *150the first case deciding that notice to the drawer of the dishonour of…
2Cited by15 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Exchange Nat. Bank of Pittsburgh v. Third Nat. Bank of NYSupreme Court of the United States · 1884
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
- Kannaugh v. Quartette Mining Co.Supreme Court of Colorado · 1891
- Taylor v. NewmanSupreme Court of Missouri · 1883
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