Halliday v. McDougall
New York Supreme Court
Error from the superior court of the city of New-Yorlc. Halliday brought an action of assumpsit against J. D. Ansley, J. McDougall and W. J. Wightman as copartners, transacting business under the name of Ansley, McDougall §• Co. The declaration contained a count on a bill of exchange bearing date 26th November, 1825, drawn at Mew- York by the defendants on a firm transacting business at Charleston, S. C. under the name of J. D. Ansley 8f Co. for the sum of $750, payable to…
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Error from the superior court of the city of New-Yorlc. Halliday brought an action of assumpsit against J. D. Ansley, J. McDougall and W. J. Wightman as copartners, transacting business under the name of Ansley, McDougall §• Co. The declaration contained a count on a bill of exchange bearing date 26th November, 1825, drawn at Mew- York by the defendants on a firm transacting business at Charleston, S. C. under the name of J. D. Ansley 8f Co. for the sum of $750, payable to the plaintiff or order at thirty days after sight. The bill was accepted by the drawees, but when it came to maturity, it…
1Opinion of the Court
By the Court, Co wen, J.
Assuming that all three of these defendants were members both of the New-York firm which drew in favor of the plaintiff, and the Charleston firm which accepted, the action is completely sustained against the defendants as acceptors. No presentment and notice were necessary. It is true, there is no count against them specifically as such ; and this was made an objection on the trial; but the claim in the latter form is admissible under the common counts—a proposition so plain, that an objection for variance at the trial, and which has found its way into the bill of…
2Cases cited3 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- Wells v. WhiteheadNew York Supreme Court · 1836
- Allen v. RostainSupreme Court of Pennsylvania · 1824
3Cited by27 opinions
- Uhl v. HarveyIndiana Supreme Court · 1881
- Solomon v. KirkwoodMichigan Supreme Court · 1884
- Cincinnati, Union & Fort Wayne Railroad v. PearceIndiana Supreme Court · 1867
- Van Alstyne v. Van SlyckNew York Supreme Court · 1851
- Cross v. Burlington National BankSupreme Court of Kansas · 1876
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