Dollfus v. Frosch
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, tried at the circuit court for the city and county of New-York in October, 1843, before Kent, late C. Judge. The .suit was commenced by declaration containing the money counts in September, 1842. The plaintiffs offered in evidence four several bills of exchange, all dated New-York, December 23d, 1841, drawn (per procuration) by the defendant, by E. Brue, addressed to Messrs. Johnston & Co. at Paris, France, and payable to the order of Messrs.
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Assumpsit, tried at the circuit court for the city and county of New-York in October, 1843, before Kent, late C. Judge. The .suit was commenced by declaration containing the money counts in September, 1842. The plaintiffs offered in evidence four several bills of exchange, all dated New-York, December 23d, 1841, drawn (per procuration) by the defendant, by E. Brue, addressed to Messrs. Johnston & Co. at Paris, France, and payable to the order of Messrs. Dollfus, Meig & Co., (the plaintiffs,) on the 10th day of July then next, for different sums, amounting in the whole to 18,427 francs. Three…
1Opinion of the Court
By the Court, Jewett, J.
This suit was commenced on the 16th September, 1842. The indebtedness of the defendant is laid on the 10th day of July, 1842. The drafts offered in evidence, allowing days of grace, became payable on the 13th day of July of that year. On the trial the defendant’s counsel objected to the drafts being given in evidence on the ground that, as the declaration alleged the defendant’s indebtedness on the 10 th day of July, and the drafts were not payable till the 13th day of July, they would not show an indebtedness until a period subsequent to the time alleged in the…
2Cases cited3 opinions
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- Johnson v. MitchellTexas Supreme Court · 1878
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