Musson v. Lake
Supreme Court of the United States
This case came up, on a certificate of division in opinion, from the Circuit Court of the United States for the Southern District of Mississippi. The question which was certified to this court will be found at the conclusion of the following statement.
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This case came up, on a certificate of division in opinion, from the Circuit Court of the United States for the Southern District of Mississippi. The question which was certified to this court will be found at the conclusion of the following statement. Lake was sued as indorser of the following bill of exchange: — Vicksburg, 17th December, 1836. Exchange for $6,133 s%. Twelve months after first day of February, 1837, of this first of exchange (second of the same tenor and date unpaid), pay to the order of R. H. & J. H. Crump six thousand one hundred and thirtv-three dollars, value received,…
1DissentJustice Woodbury
I regret being compelled to dissent from a portion of the opinion of the majority of the court which has just been pronounced. This I should be content to do without explanation, if the grounds for it did not a 'pear to be misunderstood. I do not question that a note should be present usually when payment is demanded (Freeman a. Boynton, 7 Mass. R. 483 ; 17 Mass, R. 449 ; 3 Metcalf, 495) ; and that a written protest is the proper evidence to show a presentment or demand in the. case of a foreign bill, of exchange (8 Wheat. 333 ; Burke v. McKay,. 2 Howard, 71). But, in my view, a protest like…
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