Hicks v. Brown
New York Supreme Court
THIS, was" an action of/fs-sumpsíí against the drawer of a bill of exchánge. The'biíí was drawn at New-Orleans, on the 23d , July, 180?, for 1,365 doííarsl payable to the plaintiff or order, sixty days after sight, .on James Br.own Sr Co. of .Philadelphia. ®i®plaintiff.- wás"an inhabitánt' of the state pi Tennetssepi The bill was protested fo'r non-accéptaiicej'and:diie notice-there-F • * , - ‘ - r '' - , * , of given tó the-defendant, who resided-at New-Orleans, .where _…
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THIS, was" an action of/fs-sumpsíí against the drawer of a bill of exchánge. The'biíí was drawn at New-Orleans, on the 23d , July, 180?, for 1,365 doííarsl payable to the plaintiff or order, sixty days after sight, .on James Br.own Sr Co. of .Philadelphia. ®i®plaintiff.- wás"an inhabitánt' of the state pi Tennetssepi The bill was protested fo'r non-accéptaiicej'and:diie notice-there-F • * , - ‘ - r '' - , * , of given tó the-defendant, who resided-at New-Orleans, .where _ ... * " _ v - ’ . ' . •. 4 _ he had. lived for several years before, arid continued to reside, until he obtained his…
1Per curiam
The questioni is, ..whether1 the defendant cari "avail-himself of his discharge here. - It seems to-be well'settled, both in our own and m the English courts, that the discharge is to operate according to the lex loci, upon the contract where it was made or to be executed..The c'ontract, in this case, originated in New-Orleansand had it not,beep forthe circunistance of the bill’s being drawn upon a pérspn.in another state, there could be no doiibt but thatfhe,discharge would reach this con-trad:; and this circumstance can make no'difference, as the démand is against the defendant, as drawer…
2Cited by13 opinions
- Le Roy v. CrowninshieldU.S. Circuit Court for the District of Massachusetts · 1820
- Powers v. LynchMassachusetts Supreme Judicial Court · 1807
- Brand v. BrandCourt of Appeals of Kentucky · 1903
- McClintick v. CumminsU.S. Circuit Court for the District of Indiana · 1843
- Whittemore v. AdamsNew York Supreme Court · 1824
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