Welden v. Buck
New York Supreme Court
Assumpsit on a foreign bill of exchange, drawn in St. Kitts, in the West Indies, by one Robinson, on Wees wick & Allman, of Lancaster, England, in favor of Freeman, and indorsed by defendants. The bill was protested for non-acceptance, and the declaration was on the protest for non-acceptance. Plea, general issue.
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Assumpsit on a foreign bill of exchange, drawn in St. Kitts, in the West Indies, by one Robinson, on Wees wick & Allman, of Lancaster, England, in favor of Freeman, and indorsed by defendants. The bill was protested for non-acceptance, and the declaration was on the protest for non-acceptance. Plea, general issue. A witness was offered to prove the hand-writing of the drawer, and on hjis voir dire swore, that he was not interested in the event of .the suit. ' The defendants then offered to produce certain letters, written by the witness, in which he spoke of the claim in this cause, as being…
1Opinion of the CourtVas Ness, J.
You have chosen to rest on the oath of the witness, as to his being interested, and you must now abide by it.(1)
*16The bill of exchange having been returned protested, the plaintiffs claimed one-fourth per cent, over and above the 20 per cent, damages as broker’s commissions,, according to the usage at London.
Van Ness, J. The 20 per cent, damages cover all incidental expenses.
The plaintiffs took a verdict, subject to the two following points reserved.
1. Whether, on a mere protest, for non-acceptance, the 20 per cent, damages can be recovered without a protest for non-payment.
2, Whether the…
2Cases cited3 opinions
- Hendricks v. FranklinNew York Supreme Court · 1809
- Graves v. DashCourt for the Trial of Impeachments and Correction of Errors · 1814
- Weldon v. BuckNew York Supreme Court · 1809