Fisher v. Evans
Supreme Court of Pennsylvania
IN ERROR. THIS was a writ of error to the District Court of the city and county of Philadelphia. r It was an action against the defendant as the drawer a bill of exchange, dated at Savannah the 26th of April 1809, and drawn upon Samuel Church of Philadelphia, in favour of . . 1 r Christian H. Fisher, the plaintiffs intestate, at five days sight, for 342 dollars 85 cents.
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IN ERROR. THIS was a writ of error to the District Court of the city and county of Philadelphia. r It was an action against the defendant as the drawer a bill of exchange, dated at Savannah the 26th of April 1809, and drawn upon Samuel Church of Philadelphia, in favour of . . 1 r Christian H. Fisher, the plaintiffs intestate, at five days sight, for 342 dollars 85 cents. The bill was presented on the 9th of May following, and noted for nonacceptance; and on the 17th of May was protested for nonpayment. It appeared upon the trial, that the drawer, Evans, was a sea captain, who was.frequently…
1Opinion of the Court
Tilghman C. J.
I can find no such principle as that for which the plaintiff in error contends, that the place where *543the bill is drawn must be taken to be the residence of the drawer. The rule was rightly given by the District Court, “ that reasonable diligence must be used to give notice to “ the person intitled to receive notice.” Where a man has a counting house, or a known place of doing business, it is sufficient if notice is given there. In the present instance, the drawer was with his vessel at Savannah, when he drew the bill, and the payee must have known that he did not reside there.…
2Cases cited1 opinion
- Chapman v. Lipscombe & PowelNew York Supreme Court · 1806
3Cited by6 opinions
- Thomas v. ShoemakerSupreme Court of Pennsylvania · 1843
- Ex parte HeidelbackDistrict Court, D. Massachusetts · 1876
- Pierce v. StruthersSupreme Court of Pennsylvania · 1856
- Ferris v. SaxtonSupreme Court of New Jersey · 1818
- Hill v. VarrellSupreme Judicial Court of Maine · 1825
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