Sargent v. Appleton
Massachusetts Supreme Judicial Court
The plaintiff declared in case upon a bill of exchange drawn by the defendant upon William Smith, for the sum of 1659 dollars 58 cents, payable to the plaintiff, and also for the like sum of money had and'received by the defendant to the use of the plaintiff.
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The plaintiff declared in case upon a bill of exchange drawn by the defendant upon William Smith, for the sum of 1659 dollars 58 cents, payable to the plaintiff, and also for the like sum of money had and'received by the defendant to the use of the plaintiff. The action was tried upon the general issue, at the sittings after the last November term in this county, before * Sewall, J., and a verdict taken for the amount of the [ * 86 ] bill of exchange, with the customary damages and interest, subject to the opinion of the Court upon the case as reported by the judge. On the trial, it appeared…
1Opinion of the CourtSedgwick, J.
[After reciting the facts from the judge’s report.] It is undoubtedly true, as a general rule, as contended by the counsel for the defendant, that where the holder of a bill of exchange discharges a party who is liable to the payment of it, all other parties to it, whose liability is subsequent to that of the party discharged, are thereby discharged also; and it is likewise true that the acceptor is first liable. He is liable to the drawer, the payee, and to all the endorsees. The reason of * the rule is very [ * 89 ] clearly expressed by Lord Eldon, in the case of English vs Darley, cited at…
2Cited by4 opinions
- Arlington National Bank v. BennettMassachusetts Supreme Judicial Court · 1913
- Hawkins v. ThompsonU.S. Circuit Court for the District of Illinois · 1840
- Parks v. IngramSuperior Court of New Hampshire · 1851
- Reed v. TarbellMassachusetts Supreme Judicial Court · 1842