Stanton v. Blossom
Massachusetts Supreme Judicial Court
Assumpsit on a bill of exchange, drawn by the defendants, merchants at New York, for value received, in favor of E. D. Corn-stock, also of New York, on White Andrews, merchants of Boston, for 700 dollars, payable at thirty days’ sight, dated at New York, May 13, 1810, and endorsed by Comstock to the plaintiffs. Trial was had on the general issue, at the last November term before the Chief Justice.
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Assumpsit on a bill of exchange, drawn by the defendants, merchants at New York, for value received, in favor of E. D. Corn-stock, also of New York, on White Andrews, merchants of Boston, for 700 dollars, payable at thirty days’ sight, dated at New York, May 13, 1810, and endorsed by Comstock to the plaintiffs. Trial was had on the general issue, at the last November term before the Chief Justice. The bill was presented in the morning of the 16th of May, the day of its arrival by mail, and was refused acceptance; the drawees stating that they had been served with a foreign attachment in favor…
1Opinion of the CourtPutnam, J.
The first question which presents itself in this case is, whether the plaintiffs were bound to give notice to the drawers of the non-acceptance of this bill by the drawees.
It is settled that, where the drawee has no effects of the drawer, no notice of non-acceptance is necessary; and this for the reason, that the drawer had no right to draw upon one who owed him nothing.
But in the case at bar, the defendants had effects in the hands of the drawees, when they made their bill; and they had a reasonable *106expectation that it would be paid. We are satisfied that this is a case where the drawers…
2Cited by17 opinions
- Brailsford v. WilliamsCourt of Appeals of Maryland · 1860
- Wallace v. AgryU.S. Circuit Court for the District of Maine · 1827
- Hamlin v. SimpsonSupreme Court of Iowa · 1898
- Bank of the United States v. GoddardU.S. Circuit Court for the District of Massachusetts · 1829
- Harris v. RobinsonSupreme Court of the United States · 1846
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