Hurd v. Little
Massachusetts Supreme Judicial Court
Assumpsit against the defendant as indorser of a foreign bill ot exchange. The action was submitted to the decision of the Court, upon an agreed statement of facts to the following effect. The plaintiff, being the holder of the bill, upon receiving intelligence of the protest for non-acceptance, gave due notice thereof to the defendant and also to the drawer.
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Assumpsit against the defendant as indorser of a foreign bill ot exchange. The action was submitted to the decision of the Court, upon an agreed statement of facts to the following effect. The plaintiff, being the holder of the bill, upon receiving intelligence of the protest for non-acceptance, gave due notice thereof to the defendant and also to the drawer. Afterwards, and before it was known whether the bill would be paid at maturity, the plaintiff demanded, and received from the drawer, a bill of sale of a vessel, as collateral security for the bill of exchange. The plaintiff, being…
1Opinion of the Court
* It was contended for the defendant, that he was not [*503] liable, under these circumstances, to pay the balance.
But the Court said, that, as the holder had not given time to the drawer, but had only taken further security, without giving new credit, the indorser was not discharged ; that it was no more than if the holder of a bill or note had received a partial payment from one of the parties to it; or had commenced an action and attached the goods and estate of one of them, in which case, the other party would not be discharged, even though the creditor should discontinue that suit, or…
2Cases cited3 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Pain v. PackardNew York Supreme Court · 1816
- King v. BaldwinNew York Court of Chancery · 1817
3Cited by8 opinions
- United States v. HodgeSupreme Court of the United States · 1848
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Glazier v. DouglassSupreme Court of Connecticut · 1865
- Morrison v. Citizens National BankSupreme Court of New Hampshire · 1889
- Austin v. Curtis & WalkerSupreme Court of Vermont · 1858
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