Mason v. Franklin
New York Supreme Court
THIS was an action of assumpsit, against the defendaut3i as indorsors of a bill of exchange. The declaration, in substance, stated, that one John Franklin, on , „ , • - - , the 1st of August, 1807, drew his bill oi exchange on. Messrs.
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THIS was an action of assumpsit, against the defendaut3i as indorsors of a bill of exchange. The declaration, in substance, stated, that one John Franklin, on , „ , • - - , the 1st of August, 1807, drew his bill oi exchange on. Messrs. Rathbone, Hughes and Duncan, of Liverpool, requiring them to pay, sixty days after sight, to Franklin, Robinsori& Co. or' order, in London, lS5l. 3s. 2d. sterling ;■ which bill was indorsed by the payees to the defendants, • ..... . and by them to the plaintiffs ; that on- the 16 th September, 1807, .the bill was presented'to the drawees at Liverpool, for…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. This is a suit upon a foreign bill of exchange, drawn in this city, upon Rathbone, Hughes & Duncan, merchants at Liverpool, and payable sixty days after sight in London. The declaration states, that the bill being regularly indorsed to the plaintiffs, was presented to the drawees for acceptance, but that they refused, and that the same was accordingly protested at Liverpool for non-ac - ceptance, and notice given to the defendants ; that the bill when due and payable, was presented to the drawees at Liverpool for payment, who refused to pay the…
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