Bissell v. Lewis
Michigan Supreme Court
Case made after judgment from Wayne Circuit Court. This was an action of assumpsit on tbe common counts, in which tbe plaintiff sought to charge tbe defendants, Lewis & Rathbun, as acceptors, and the defendant Eitcb, as. drawer, of a bill of exchange, and was tried in tbe Court below without a jury. ... ........ . ■ On tbe trial, it appeared that tbe plaintiff served, with a copy of Ms declaration, copies of tbe draft, and of the paper relied 'on, as an acceptance thereof,…
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Case made after judgment from Wayne Circuit Court. This was an action of assumpsit on tbe common counts, in which tbe plaintiff sought to charge tbe defendants, Lewis & Rathbun, as acceptors, and the defendant Eitcb, as. drawer, of a bill of exchange, and was tried in tbe Court below without a jury. ... ........ . ■ On tbe trial, it appeared that tbe plaintiff served, with a copy of Ms declaration, copies of tbe draft, and of the paper relied 'on, as an acceptance thereof, and gave notice that the same would be given in evidence on the trial of said cause under the common counts ; and on the…
1Opinion of the Court
By the Court,
Green, J.
It is claimed by the defendants, Lewis & Rathbun, that the judgment of the Circuit Court in this case, ought to be reversed, because, as they insist:
1. The letter of credit was a conditional, special and limited authority to Fitch, to draw on them under circumstances and for purposes which are not shown to have existed; and :
2. That it did not amount to an acceptance of the draft in question.
It is assumed, on behalf of the drawees, that the authority conferred by the letter of credit extended only to the drawing of bills of exchange, as payment of advances which he…
2Cases cited2 opinions
- Greele v. ParkerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Caledonian Co. v. Trustees of Hoosick FallsNew York Supreme Court · 1832
3Cited by15 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Flato v. MulhallSupreme Court of Missouri · 1880
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
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