Lienow v. Pitcairn
U.S. Circuit Court for the District of Connecticut
This was a motion for a new trial on the ground of misdirection in the charge of the court to the jury-3 The material facts in the cause were briefly these: The plaintiff [Henry Lienow] having in the hands of Samuel Williams, of London, funds to the amount of five hundred pounds sterling, and having occasion for money at Hamburgh and elsewhere in his travels upon the continent, procured from Williams a letter of credit, dated 14th July, 1825, addressed to the defendants…
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This was a motion for a new trial on the ground of misdirection in the charge of the court to the jury-3 The material facts in the cause were briefly these: The plaintiff [Henry Lienow] having in the hands of Samuel Williams, of London, funds to the amount of five hundred pounds sterling, and having occasion for money at Hamburgh and elsewhere in his travels upon the continent, procured from Williams a letter of credit, dated 14th July, 1825, addressed to the defendants [Pitcairn & Brodie] at Hamburgh, requesting them to furnish the plaintiff with money, at Hamburgh, and a credit at Stralsund…
1Opinion of the Court
THOMPSON, Circuit Justice.
From this statement of the case it is very clear that none of the plaintiff’s funds have, in point of fact, come into the hands of the defendants, and if they are to be made responsible for the loss occasioned by the failure of Williams, it ought to be thrown upon them by reason of some well-settled rule of law. This letter of credit given by the defendants to the plaintiff, did not create any debt or contract between the immediate parties to it, for the payment of a sum of money direct; it was only an authority to create a debt by a draft on the defendants, and an…
2Cases cited5 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Walsh v. BailieNew York Supreme Court · 1813
- McLaren v. Watson's ExecutorsNew York Supreme Court · 1841
- Ayres v. PeaseNew York Supreme Court · 1834
- Robbins v. BinghamNew York Supreme Court · 1809