Barker v. Prentiss
Massachusetts Supreme Judicial Court
Assumpsit by the endorsee against the drawer of a bill of [ * 431 ] exchange, drawn in Antigua, upon Thomas Merrill, * Jun., of Portland, made payable to F. G. Robinson Sf Co., and by them endorsed to John Taber if Son, and by these last specially endorsed to the plaintiff as follows, viz.: — “ Pay Jacob Barker or order, without recourse to us. John Taber & Son.”
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Assumpsit by the endorsee against the drawer of a bill of [ * 431 ] exchange, drawn in Antigua, upon Thomas Merrill, * Jun., of Portland, made payable to F. G. Robinson Sf Co., and by them endorsed to John Taber if Son, and by these last specially endorsed to the plaintiff as follows, viz.: — “ Pay Jacob Barker or order, without recourse to us. John Taber & Son.” The action was tried upon the general issue before Sedgwick, J., at the last October term in this county, by whose report it appeared that the bill of exchange declared on was sent to the said John Taber and Daniel Taber by the said…
1Opinion of the CourtParsons, C. J.
The defendant was the drawer of a bill of exchange on Thomas Merrill, Jim., payable to F. G. Robinson Co., or order; and the plaintiff, deriving a title to the bill by the endorsement to him, has sued this action, to recover the contents of the bill against the drawer, the bill having been dishonored.
On the trial on the general issue, the defence set up by the defendant, the drawer, was, that the payees had never assigned the bill to Taber & Son, but had sent it to them endorsed generally, to collect the money for their use; that Taber & Son delivered the bill over, with the special…
2Cases cited2 opinions
- Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
- Manning v. WheatlandMassachusetts Supreme Judicial Court · 1813
3Cited by43 opinions
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- Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
- Woodward v. FosterSupreme Court of Virginia · 1868
- Beckwith v. AngellSupreme Court of Connecticut · 1823
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