Legal Opinion

Lowery v. Scott

New York Supreme Court

Decided October 15, 1840PublishedCited by 1 opinion

This was an action of assumpsit, tried at the New-York circuit in June, 1838, before the Hon. Ogden Edwards, one of the circuit judges. The action was brought by the plaintiffs as endorsees against the defendant as drawer of a bill of exchange, dated Michigan City, 26th July, 1836, for §250, payable to the order of E. Ashton, at the North River Bank in the city of New-York.

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This was an action of assumpsit, tried at the New-York circuit in June, 1838, before the Hon. Ogden Edwards, one of the circuit judges. The action was brought by the plaintiffs as endorsees against the defendant as drawer of a bill of exchange, dated Michigan City, 26th July, 1836, for §250, payable to the order of E. Ashton, at the North River Bank in the city of New-York. The bill was drawn upon J. 0. Van Rensselaer of Utica, N. Y. At maturity the draft was protested for non-payment, and notice of protest sent per mail, directed to the defendant at Michigan City. It was admitted by the…

1Opinion of the Court

*By the Court,

Bronson, J.

The bill bears date at Michigan City, in the state of Indiana; it was directed to a person residing in this state, where payment was demanded, and notice of protest was sent to thé drawer by mail, directed to Michigan City. Before, at and af-' ter the time when the bill was drawn, and when it was protested, the drawer resided, and carried on business as a merchant at Waterford, in this state, and no inquiry was made for his place of residence. The question is, whether the holders have used due diligence. I think they have not. In the ease of an endorser, it clearly…

2Cited by1 opinion

  1. Green v. Phœnix Mutual Life InsuranceIllinois Supreme Court · 1890

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