East Hampton Bank & Trust Co. v. Collins

The plaintiff brings this action of contract upon four bills of exchange drawn to its order by Fred L. Cressey and accepted by the defendant. Three of the four were made payable at the Woburn National Bank. The bills were drawn for part of the purchase price of hay bought by the defendant from Cressey. The defence was, that before the maturity of these bills the defendant paid the amount of them to Cressey, who failed to turn the money over to the plaintiff. The trial judge sustained this defence, and found for the defendant.

The plaintiff having failed to mail to the defendant’s attorney, as…