Legal Opinion

M'Evers v. Mason, Hodgson & Co.

New York Supreme Court

Decided May 15, 1813PublishedCited by 8 opinions

f THIS was an action on the case, brought by the plaintiff against the defendants, who are merchants at Liverpool, in England, as acceptors of a bill of exchange, for 400 pounds sterling, dated Nem-York, 8th of October, 1810, drawn on the defendants by W. JEf. Jephson, payable to T. Proctor or order, in London.

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f THIS was an action on the case, brought by the plaintiff against the defendants, who are merchants at Liverpool, in England, as acceptors of a bill of exchange, for 400 pounds sterling, dated Nem-York, 8th of October, 1810, drawn on the defendants by W. JEf. Jephson, payable to T. Proctor or order, in London. The bill was purchased by the plaintiff of the drawer, and was made payable to Proctor, the endorsee, at the request of the x — . , . , . . drawer, and for his accommodation; and was remitted m due course to Liverpool, where it was presented, on the 7th of Decernher, 1810, to the…

1Opinion of the Court

Kent, Ch. J.

delivered the opinion of the court, The defendants are charged as acceptors of a bill of exchange drawn on the 8th October, 1810, and sold to the plaintiff, and which bill being presented for acceptance, and also for payment, was refused. The evidence of the acceptance is said to exist in certain letters written before the bill was drawn by the defendants, to one Thomas Proctor, as their agent, and the letter on which the principal reliance is placed, bears date the 28th Janizary, 1809, in which they agree to allow to Proctor a commission upon all consignments of produce to them,…

2Cited by8 opinions

  1. Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
  2. Payson v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1814
  3. Bayard v. LathyU.S. Circuit Court for the District of Illinois · 1841
  4. Carnegie v. MorrisonMassachusetts Supreme Judicial Court · 1841
  5. Grant v. JohnsonNew York Supreme Court · 1849

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