Hathaway v. Haynes
Massachusetts Supreme Judicial Court
Contract ■ against N. B. Haynes, doing business under the name of N. B. Haynes & Co., for goods sold and delivered. Writ dated October 31, 1874. Augustus J. Richards, surviving partner of the firm of Joseph Loud & Company, summoned as trustee, answered, admitting funds in his hands to the amount of $805.34. The Mechanics’ National Bank of Peoria, in the State of Illinois, appeared as adverse claimant of the funds in the hands of the trustee.
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Contract ■ against N. B. Haynes, doing business under the name of N. B. Haynes & Co., for goods sold and delivered. Writ dated October 31, 1874. Augustus J. Richards, surviving partner of the firm of Joseph Loud & Company, summoned as trustee, answered, admitting funds in his hands to the amount of $805.34. The Mechanics’ National Bank of Peoria, in the State of Illinois, appeared as adverse claimant of the funds in the hands of the trustee. At the trial in the Superior Court, without a jury, before Bacon, J., of the issue raised by the claimant’s answer, it appeared in evidence that on…
1Opinion of the CourtLord, J.
This case does not involve the question so elaborately discussed in National Bank of Commerce v. Merchants' National Bank, 91 U. S. 92, whether the acceptor of a bill of exchange or draft, to which an indorsed bill of lading is attached, has the right of a simultaneous delivery of the bill of lading, as a condition of his acceptance of the draft or bill. For in this case the draft was protested, undoubtedly, for its non-acceptance by *313the drawee, and not for the reason that the bill of lading accompanying it was refused to him. The draft thus protested for non-acceptance was drawn by Haynes…
2Cases cited1 opinion
- National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
3Cited by5 opinions
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