Russell v. Wiggin
U.S. Circuit Court for the District of Massachusetts
Assumpsit [by George R. Russell and others against Timothy Wiggin and others). The declaration contained a count, upon a promise to accept certain bills of exchange stated therein; and also the money counts.
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Assumpsit [by George R. Russell and others against Timothy Wiggin and others). The declaration contained a count, upon a promise to accept certain bills of exchange stated therein; and also the money counts. The cause came before the court upon the following agreed state of facts: On the fourth day of November, 1835, the defendants granted to Ebenezer Breed a letter of credit, of which the following is a copy: “Boston, Nov. 4, 1835. I hereby authorize Mr. William P. Endieott of barque Palin-ure to value on Messrs. T. Wiggin & Co., London, at six months’ sight at any place in India, for…
1Opinion of the Court
STORY. Circuit Justice.
This cause has I been very ably argued. There is no count in *73the declaration upon any accepted bill of exchange; and, therefore, the whole class of authorities, English and American, so far as respects their direct bearing upon the question, whether a promise to accept a non-existing bill amounts to a positive acceptance thereof, when drawn, in favor of a holder, who takes the bill upon the faith of such promise, may be at once dismissed from our consideration, although they certainly must have a very forcible bearing upon one of the questions actually raised in the…
2Cited by14 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Nelson v. First National BankIllinois Supreme Court · 1868
- Exchange Bank of St. Louis v. RiceMassachusetts Supreme Judicial Court · 1867
- Exchange Bank v. HubbardCourt of Appeals for the Second Circuit · 1894
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