Legal Opinion

Union Bank v. Grimshaw

Supreme Court of Louisiana

Decided May 15, 1840PublishedCited by 3 opinions

APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action on two bills of exchange drawn by the defendant, the 18th February, 1837, on N. Bert’noud, of New-Yorlr, payable sixty days after sight, to the order of the cashier of the Union Bank. They were accepted, and protested for non-payment at maturity; one on the 3d, and the other on the 6th of May following.

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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT, JUDGE BUCHANAN PRESIDING. This is an action on two bills of exchange drawn by the defendant, the 18th February, 1837, on N. Bert’noud, of New-Yorlr, payable sixty days after sight, to the order of the cashier of the Union Bank. They were accepted, and protested for non-payment at maturity; one on the 3d, and the other on the 6th of May following. The defendant admitted his signature to the bills, but denied all the other allegations in the petition. Interrogatories were propounded, inquiring of him if‘he had not received notice of the…

1Opinion of the CourtMorphy, J.

The defendant is sued on two bills of exchange, drawn in favor of the plaintiff, on N. Berthoud, of New-York, accepted by the latter, but protested for want of payment, at maturity. The defence set up is, that due notice has not been given to the drawer. Plaintiffs obtained a judgment, from which this appeal has been taken.

To establish the fact of notice, to the defendant, interrogaries on facts and articles were put to him. He stated that he had received no notice of the dishonor of his drafts, except that contained in two letters received from the acceptor, Berthoud, *336which he annexed to his…

2Cases cited1 opinion

  1. Chanoine v. FowlerNew York Supreme Court · 1829

3Cited by3 opinions

  1. Hyde v. StoneSupreme Court of the United States · 1858
  2. TXO Production Corp. v. Alliance Resources Corp.Supreme Court of the United States · 1993
  3. TXO Production Corp. v. Alliance Resources Corp.Supreme Court of the United States · 1993

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