Barnwell v. Mitchell
Supreme Court of Connecticut
THIS was an action against the defendant, as drawer of a bill of exchange, dated Alexandria, (D. C.) May 21st, 131G, drawn on Osborn <⅜- Reynolds of the city of New-York, for the sum of 400 dollars, payable in current bank notes of that city, to the order of the plaintiffs, thirty days after date. The cause was tried at'Fairfield, December term, 1818, before Edmond, Smith and Gould, Js.
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THIS was an action against the defendant, as drawer of a bill of exchange, dated Alexandria, (D. C.) May 21st, 131G, drawn on Osborn <⅜- Reynolds of the city of New-York, for the sum of 400 dollars, payable in current bank notes of that city, to the order of the plaintiffs, thirty days after date. The cause was tried at'Fairfield, December term, 1818, before Edmond, Smith and Gould, Js. In the course of the trial, the defendant offered the deposition of Osborn, one of the acceptors, to prove the following facts. The defendant was the master, and part owner, of a coasting vessel. In the year…
1Opinion of the Court
Hosmsr, Ch. J.
The hill of exchange, in this case, has been denominated an accommodation bill; but on this point the facts have been misconceived. The defendant had funds in the hands of Osborn & Reynolds, and drew on them in favour of the plaintiffs. This is the whole transaction, as relative to the question, whether the drawees were in the nature of sureties for the drawer. Then, viewing the bill as a common mercantile draft, accepted, and not paid, the only obligation, in any event, resting on Osborn & Reynolds, was to pay the holder the sum for which it was drawn ; and any interest that…
2Cases cited2 opinions
- Vansant v. BoileauSupreme Court of Pennsylvania · 1808
- Owen v. MannSupreme Court of Connecticut · 1807
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