Riggs v. Graeff
U.S. Circuit Court for the District of District of Columbia
Assumpsit by the indorsee against the indorser of a lost inland bill of exchange. The declaration had three counts. The first was the common count upon the non-acceptance of the bill, without saying anything of its loss.
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Assumpsit by the indorsee against the indorser of a lost inland bill of exchange. The declaration had three counts. The first was the common count upon the non-acceptance of the bill, without saying anything of its loss. The second was special, and averred the drawing of the bill at Washington, D. C., for $400, by one Charles S. Hanna upon John H. Hanna of Frankfort in Kentucky, at five days’ sight for value received, payable to the defendant and by him indorsed to the plaintiff, dated on the 21st of January, 1819 ; and that the plaintiff, on the same day, caused the said bill to be inclosed…
1Opinion of the Court
The Court
(nem. con.) decided that the plaintiff could not support the action upon the special count, as no indemnity had been tendered, nor any demand made of a new bill. And, that as the defendant did not receive any value for the bill, but indorsed it only to give it credit, the plaintiff could not recover upon the count for money had and received.
2Cited by1 opinion
- Biggers v. PaceSupreme Court of Georgia · 1848