Chanoine v. Fowler
New York Supreme Court
This was an action of assumpsit by the payees against the drawer of a bill of exchange, tried at the New-York circuit, m June, 1828, before the Hon. Ogden Edwards, one or the circuit judges. The bill bears date the 15th December, 1825, at New-York, and is drawn on Messrs. Phillipon & Co., Havre, for 6839 y/o- francs, payable to the plaintiffs or order. On the 26th January, 1826, it was presented for acceptance, which was refused for want of advice.
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This was an action of assumpsit by the payees against the drawer of a bill of exchange, tried at the New-York circuit, m June, 1828, before the Hon. Ogden Edwards, one or the circuit judges. The bill bears date the 15th December, 1825, at New-York, and is drawn on Messrs. Phillipon & Co., Havre, for 6839 y/o- francs, payable to the plaintiffs or order. On the 26th January, 1826, it was presented for acceptance, which was refused for want of advice. It was presented by huíssier audiencer (bailiff) of the tribunal of commerce at Havre, in the presence of two witnesses, and by him protested for…
1Opinion of the Court
By the Court,
Marcy, J.
Several questions arise in this case. Those which it is necessary to consider are the following :
I. Was there the proof that the bill of exchange was regularly protested for non-acceptance ?
II. Was sufficient notice of the protest given to the defendant ?
The custom of merchants requires that there should be a protest in case of the non-acceptance of a foreign bill of exchange; and the proper officer to make this protest is a notary public, unless it is to be made at a place where there is no notary; and then it may be by a substantial person of such place, in presence of…
2Cases cited1 opinion
- Packard v. HillNew York Supreme Court · 1829
3Cited by20 opinions
- Ennis v. SmithSupreme Court of the United States · 1853
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Brailsford v. WilliamsCourt of Appeals of Maryland · 1860
- Stoddard v. SloanSupreme Court of Iowa · 1885
- Van Cleaf v. . BurnsNew York Court of Appeals · 1890
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