Barker v. Whitney
Supreme Court of Louisiana
APPEAL FROM THE COMMERCIAL COURT OF HEW ORLEANS. -This is an action on two billfe of exchange of the following tenor: «000. New Orleans, May 2d, 1839. “ Sixty days after sight of this first of Exchange, second unpaid, pay Benjamin 'Whitney, or order, $2000; value received, and charge the same to account of GILLINGHAM & GO.” To L. EL Gillingham, “May 15, 1839. Philadelphia. $ “LEWIS H. GILLINGHAM.” Endorsed, “ Pay A. Benson & Co.” B. WHITNEY. “Without recourse to us.”
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APPEAL FROM THE COMMERCIAL COURT OF HEW ORLEANS. -This is an action on two billfe of exchange of the following tenor: «000. New Orleans, May 2d, 1839. “ Sixty days after sight of this first of Exchange, second unpaid, pay Benjamin 'Whitney, or order, $2000; value received, and charge the same to account of GILLINGHAM & GO.” To L. EL Gillingham, “May 15, 1839. Philadelphia. $ “LEWIS H. GILLINGHAM.” Endorsed, “ Pay A. Benson & Co.” B. WHITNEY. “Without recourse to us.” “A. BENSON & CO.” This hill was protested, at maturity, at the request of the Commercial Bank of Philadelphia, on the 5th July,…
1Opinion of the CourtGarland, J.
delivered the .opinion of the court.
Thé plaintiff, as holder of two bills of exchange drawn by Gillingham & Co., of New Orleans, on L. H. Gillingham of Philadelphia, at sixty days sight, sues the defendant as the payee and endorser, claiming $3,500 with interest and damages. The bills were accepted by L. H. Gillingham, the one for $1500 falling due the 5th of July, 1839, and the other for $2,000 the 17th of the same month. The bills were purchás-ed-by Horace Bean & Co., of New Orleans, for Jacob Little & Co., of New York. The name of this latter firm is not *577on either of the hills. They are…
2Cases cited1 opinion
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
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- Grand Gulf Railroad & Banking Co. v. BarnesSupreme Court of Louisiana · 1845