Hendricks v. Franklin
New York Supreme Court
THIS was an action brought against the defendant, as drawer of a bill of exchange in favour of Franklin, Robinson y Co. on Rathbone, Hughes y Duncan, merchants in Liverpool, indorsed by the payees, to one Townsend, and by him to the plaintiff. The bill was protested for non-acceptance and nonpayment.
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THIS was an action brought against the defendant, as drawer of a bill of exchange in favour of Franklin, Robinson y Co. on Rathbone, Hughes y Duncan, merchants in Liverpool, indorsed by the payees, to one Townsend, and by him to the plaintiff. The bill was protested for non-acceptance and nonpayment. In assessing the damages to be recovered by the plaintiff, 2 per cent, was added, over and above the twenty per cent, damages and interest, for the difference of exchange, it being two per cent, above par, when the defendant received notice of the non-payment. The only question was, whether the…
1Opinion of the CourtSpencer, J.
In this case, the question is, what damages the plaintiff, who is the indorsee of a foreign bill of exchange, of which the defendant is the drawer, and which was returned protested for non-acceptance and non-payment, is entitled to recover; the plaintiff contending, that he has a right to recover, as well the principal and interest, as also 20 per cent, damages, and an additional 2 per cent, as the difference of exchange, between the time of negotiating the bill, and notice of the non-payment to the defendant, by way of re-exchange. The payment of this 2 per cent, the defendant resists.
The…
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- O'Donnell v. LindsayThe Superior Court of New York City · 1873
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