Spies v. Newberry
Michigan Supreme Court
Case reserved from Wayne Circuit Court. Assumpsit, by Spies, as endorsee, against Newberry, as endorser, of a foreign bill of exchange. Plea, the general issue. The notice of dishonor proved, on the trial, to have been given, was directed to the defendant, and stated that the bill, (describing it,) “has this day been protested for nonpayment, and the holder looks to you for payment thereof.”
Read the full summary
Case reserved from Wayne Circuit Court. Assumpsit, by Spies, as endorsee, against Newberry, as endorser, of a foreign bill of exchange. Plea, the general issue. The notice of dishonor proved, on the trial, to have been given, was directed to the defendant, and stated that the bill, (describing it,) “has this day been protested for nonpayment, and the holder looks to you for payment thereof.” The Presiding Judge of the circuit court instructed the jury that this was not a sufficient notice of dishonor. Whereupon, the-plaintiff submitted to a nonsuit, and afterwards moved to set the same aside,…
1Opinion of the CourtMiles, J.
The question which this case presents is, whether the notice to the defendant, that the bill had been protested for non-payment, &c., was a sufficient notice of dishonor.
The rule upon this subject, as laid down in Chitty, and which seems to be the result of the adjudged cases, is, “that the notice shall inform the party to whom it is ad*426dressed, either in express terms, or by necessary implication, or at all events by reasonable intendment, what the bill or note is that has become due, and that it has been duly presented to the maker or drawer, and that payment has been refused.” Chitt. on…
2Cases cited1 opinion
- Ontario Bank v. PetrieNew York Supreme Court · 1830
3Cited by2 opinions
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- State v. . SneedSupreme Court of North Carolina · 1881