Copper v. Powell
New York Supreme Court
This was an action of assumpsit. The declaration contained the common money counts. Plea, non-assumpsit. The defendants admitted the plaintiffs’ claim, but contended that they had fully paid it.
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This was an action of assumpsit. The declaration contained the common money counts. Plea, non-assumpsit. The defendants admitted the plaintiffs’ claim, but contended that they had fully paid it. To prove the payment, the following facts were offered in evidence: that a certain bill of exchange had been remitted by the defendants to the plaintiffs, drawn by Richard S. Hallet, on Finleys, Hppleby & Co., of Hull, in favor of Powell, one of the defendants, and by him indorsed to the plaintiffs, merchants at Birmingham, in England. In the plaintiffs’ account current with the defendants, this bill…
1Opinion of the CourtThompson, J.
The doctrine, urged by the plaintiffs’ counsel, is liable to a variety of objections. I am of opinion that, in cases like the one now before the court, due diligence, in obtaining payment, must be shown on the part of the plaintiffs.(1) Notice of the dishonor, therefore, *74ought to have been given, but this neglect may be obviated by showing that the defendants have thereby sustained no injury.(2)
*75The plaintiffs then went into evidence, to show that Hallett was insolvent at the time of the return of the bill, and, of course, that no injury could arise from the want of notice. The weight of…
2Cases cited5 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Johnson v. WeedNew York Supreme Court · 1812
- Frisbie v. LarnedNew York Supreme Court · 1839
- Niven v. SpickermanNew York Supreme Court · 1815
- Hatten v. SpeyerNew York Supreme Court · 1806