Legal Opinion

Allen v. King

U.S. Circuit Court for the District of Michigan

Decided June 15, 1846Published

[At law. On motion for new trial. Motion overruled.]

1Opinion of the Court

THE COURT. This action was brought to recover a balance which the defendant owes to the plaintiff, for goods, wares, and merchandize, purchased. A draft, payable in four months, drawn by Harleston, on N. G. Ogden, of New York, and indorsed by King, was procured by King and handed to the counsel of the plaintiff, with the view of paying, when the proceeds should be received, so much on account. This draft was forwarded and accepted, but was eventually protested for non-payment It seems that due notice was not given to the drawer and indorser, and that was made the principal ground of defense.…

2Cases cited13 opinions

  1. Commercial Bank v. HughesNew York Supreme Court · 1837
  2. Johnson v. WeedNew York Supreme Court · 1812
  3. Smedes v. President of Bank of UticaNew York Supreme Court · 1823
  4. Muldon v. WhitlockNew York Supreme Court · 1823
  5. Hushes v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1827

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