Cowles v. Harts
Supreme Court of Connecticut
THIS was an action, brought by Gad Cowles, as the indor-see of a bill of exchange, drawn on and accepted by Stebhins & Co., and subsequently dishonoured, against Harts, Johnson & Co., as the drawers.
Read the full summary
THIS was an action, brought by Gad Cowles, as the indor-see of a bill of exchange, drawn on and accepted by Stebhins & Co., and subsequently dishonoured, against Harts, Johnson & Co., as the drawers. The cause was tried at Hartford, February term, 1821, before Peters, J. On the 23rd of November, 1819, Cowles fy-Bidwell, in part payment of a debt due from them to the plaintiff, assigned to him the bill in question, it being then over-due, by an indorsement in these words : “ Pay Gad Cowles, or order, without recourse to us. [Signed.] Cowles & BidwellN The de-fence was, that due notice of…
1Opinion of the Court
Hosmer, Ch. J.
1. The rejection of BidweWs testimony, on the ground of a supposed interest in the event of the suit, was, manifestly, incorrect.
*522The indorsement is prima facie evidence of its having been made for full value. Riddle v. Mandeville, 5 Cranch, 332. And the indorser is liable, if the money be not paid, and due diligence has been used. But this rule is applicable only to those cases, where the presumption of liability is not repelled, by the express contract of the parties. When a bill is indorsed, like the present, “ without recourse,” the indorsement contains a contract, that the…
2Cases cited7 opinions
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Rice v. StearnsMassachusetts Supreme Judicial Court · 1807
- Welch v. LindoSupreme Court of the United States · 1812
- Church v. LeavenworthSupreme Court of Connecticut · 1810
- Ryer v. AtwaterSupreme Court of Connecticut · 1810
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Stephenson v. PrimroseSupreme Court of Alabama · 1838
- Brown v. ChaneySupreme Court of Georgia · 1846
- Crawford v. Branch of the Bank of Alabama at MobileSupreme Court of Alabama · 1844
- Greely v. SmithU.S. Circuit Court for the District of Maine · 1846
1 more not listed; retrieve them via the Exa API.