Walsh v. Dart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. This was an action of assumpsit, (brought before the adoption of the Code), by an indorsee against the indorsers of a bill of exchange. The declaration contained the common money counts, with a copy of the bill sued upon, which was as follows: “ San Francisco, Oct. 6, 1854. At sight of this second of exchange (first and third unpaid),pay to the order of Phcebe Blatchley two hundred and fifty dollars, value received, &c.
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APPEAL from the Circuit Court for Marquette County. This was an action of assumpsit, (brought before the adoption of the Code), by an indorsee against the indorsers of a bill of exchange. The declaration contained the common money counts, with a copy of the bill sued upon, which was as follows: “ San Francisco, Oct. 6, 1854. At sight of this second of exchange (first and third unpaid),pay to the order of Phcebe Blatchley two hundred and fifty dollars, value received, &c. Adams & Co. To Messrs. Adams & Co., New York.” Plea, the general issue. Trial by the court. The facts _ found by the judge…
1Opinion of the Court
By the Court,
Cole, J.
The only question in this case is, whether days of grace are allowable in New York upon a bill of exchange payable at sight. The action is by an in-dorsee against an indorser of such a bill, and it is claimed that the latter is discharged on account of the neglect to present the bill for payment at the proper time, and give notice of non-payment, so as to fix the liability of the indorser. The drawees lived in New York, and of course the law of *638Sta^6 wou^ S'over:a as to Proper time to present a sight bill for payment. It is contended by the counsel for the respondent that…
2Cases cited1 opinion
- Rape v. HeatonWisconsin Supreme Court · 1859
3Cited by9 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- MacCarthy v. WhitcombWisconsin Supreme Court · 1901
- St. Sure v. LindsfeltWisconsin Supreme Court · 1892
- Meuer v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
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