Downes & Co. v. Church
Supreme Court of the United States
ON a certificate of division from the Circuit Court of the United States for the district of Mississippi. This was an action of assumpsit founded on the second of a foreign bill of. exchange, by the endorsee against the endorser, for non-acceptance. The plaintiffs declared, upon the “second’? of the set of exchange, which “ second of the set” was protested for nonacceptance; and the same, with the protest thereto attached, was read in evidence to the jury.
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ON a certificate of division from the Circuit Court of the United States for the district of Mississippi. This was an action of assumpsit founded on the second of a foreign bill of. exchange, by the endorsee against the endorser, for non-acceptance. The plaintiffs declared, upon the “second’? of the set of exchange, which “ second of the set” was protested for nonacceptance; and the same, with the protest thereto attached, was read in evidence to the jury. Whereupon a question arose, whether the plaintiffs could recover upon the said second of exchange, without producing the first of the •…
1Opinion of the CourtJustice Story
delivered the opinion of.the Court:—
This is the case of a certificate of division of the judges of the Circuit Court, for the district.of Mississippi. ' The action was assumpsit, founded on the second part of a foreign bill of exchange, by the endorsee against the endorser for non-acceptarice. The. plaintiffs declared upon the second of the set of exchange, which second of the set was protested for non-acceptance-, and the same, with the protest attached thereto, was read to the jury. Wheíéupon a question arose, whether the plaintiffs could recovér' upon the said second of exchange without…
2Cited by15 opinions
- Knick v. KnickSupreme Court of Virginia · 1880
- Kessler v. Armstrong Cork Co.Court of Appeals for the Second Circuit · 1907
- Cushing v. CummingsSupreme Court of Oklahoma · 1919
- United States v. Neville Bruce ThompsonCourt of Appeals for the Fourth Circuit · 1983
- Northern Pac. Ry. Co. v. KingCourt of Appeals for the Ninth Circuit · 1910
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