Michigan Insurance v. Estate of Leavenworth
Supreme Court of Vermont
Appeal from the decision of the commissioners on claims against the intestate’s estate. Trial by the court. The plaintiffs claimed to recover upon a bill of exchange for five thousand dollars, drawn by J. & J. II. Peck & Co. on H. W. Catlin, dated June 12,1854, and payable to the order of the intestate at the Union Bank, N. Y., forty-five days after date, indorsed by the intestate to Eoelofson, Hatch & Co., by whom it was also indorsed.
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Appeal from the decision of the commissioners on claims against the intestate’s estate. Trial by the court. The plaintiffs claimed to recover upon a bill of exchange for five thousand dollars, drawn by J. & J. II. Peck & Co. on H. W. Catlin, dated June 12,1854, and payable to the order of the intestate at the Union Bank, N. Y., forty-five days after date, indorsed by the intestate to Eoelofson, Hatch & Co., by whom it was also indorsed. The signatures of the parties to the bill were admitted. It appeared from the deposition of the plaintiffs’ cashier, which was introduced by the defendant,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is a case of very considerable importance, and has received a full and matured consideration from the counsel engaged in it; and it may be thought to be a case not entirely, perhaps, free from difficulty. No question has been raised in argument in this court, but what there was a seasonable and a due protest and notice of the non-payment of the bill, to the estate of Mr. Leavenworth, to charge it with the payment of the bill. It is found in the bill of exceptions, that Mr. Leavenworth died on the 10th day of May, 1854, and the material…
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