Ocean National Bank v. Williams
Massachusetts Supreme Judicial Court
Contract on a draft drawn on J. H. Lyon & Brothers, a firm doing business in the city of New York, by the defendant, payable to his order, and by him indorsed to the plaintiffs. J. H. Lyon & Brothers accepted the draft payable at the Grocers Bank in said city.
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Contract on a draft drawn on J. H. Lyon & Brothers, a firm doing business in the city of New York, by the defendant, payable to his order, and by him indorsed to the plaintiffs. J. H. Lyon & Brothers accepted the draft payable at the Grocers Bank in said city. At the trial in the superior court, before Reed, J., there was evidence tending to show that William R. De Wolf, a clerk of John Hopper, a notary public, made presentment and a demand for payment of the draft at the Grocers’ Bank, on the day on which it became due. De Wolf testified that he knew of no other presentment or demand for…
1Opinion of the CourtAmes, J.
The draft declared upon, having been drawn by a person residing in this state upon persons residing in another state, is a foreign bill; and, in order to charge the drawer, it is necessary to show that it was duly and regularly protested for nonpayment. The fact of nonpayment, in such a- case, can only be proved by protest, and cannot be supplied by witnesses, or in any other way. Phœnix Bank v. Hussey, 12 Pick. 483. Buckner v. Finley, 2 Pet. 586. In this case, there seems to be no competent evidence of this essential fact. There.is nothing on the face of the report, or in the terms of the…
2Cases cited1 opinion
- Buckner v. Finley & Van LearSupreme Court of the United States · 1829
3Cited by2 opinions
- Sodekson v. LynchMassachusetts Supreme Judicial Court · 1937
- Sublette Exchange Bank v. FitzgeraldAppellate Court of Illinois · 1912