Sewall v. Russell
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in April, 1827, before the Hon. William A. Duer, °ne of the circuit judges. On the 19th May, 1825, the defendants sold to the plaintiffs a bill of exchange for £1000, drawn by them upon •^•essrs- Wain right and Shiels of Liverpool, (England,) payable 60 days after sight. The bill was accepted on the 20th ^une> and protested for non-payment on the 22d August.
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This was an action of assumpsit, tried at the New-York circuit in April, 1827, before the Hon. William A. Duer, °ne of the circuit judges. On the 19th May, 1825, the defendants sold to the plaintiffs a bill of exchange for £1000, drawn by them upon •^•essrs- Wain right and Shiels of Liverpool, (England,) payable 60 days after sight. The bill was accepted on the 20th ^une> and protested for non-payment on the 22d August. Information of the failure of the acceptors arrived in New-York on the 27th September. The plaintiffs, (who reside in Boston,) on the 30th September wrote their agent,…
1Opinion of the Court
*277 By the Court,
Savage, Ch. J.
The only question is, whethfer the defendants had due notice of the dishonor of the bill. Where parties to a bill reside in different places, notice of the dishonor must be given by the next mail after information is received. This however means reasonable diligence; and the above rule is not literally applicable where there is not sufficient time between the arrival and departure of the mails to prepare the notice, consistent with necessary attention to other concerns; but no more than one day should intervene where there is a daily mail between the two places.…
2Cases cited1 opinion
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