Wadsworth v. Sherman
New York Supreme Court
Assumpsit, tried before Hoyt, justice, at the Livingston circuit in December, 1847. The action was against the defendant as indorser of a bill of exchange or draft, drawn by O. P, Wilder upon George L. Davis for $500, dated Perry, July 9th, 1845, payable to the order of the drawer, six months after date, and indorsed by the drawer, David L. Stewart, and the defendant.
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Assumpsit, tried before Hoyt, justice, at the Livingston circuit in December, 1847. The action was against the defendant as indorser of a bill of exchange or draft, drawn by O. P, Wilder upon George L. Davis for $500, dated Perry, July 9th, 1845, payable to the order of the drawer, six months after date, and indorsed by the drawer, David L. Stewart, and the defendant. On the face of the draft was written, “ accepted, payable at the Merchants Bank in the city of Hew-York, Geo. L. Davis.” The defendant, by a written stipulation bearing date January 5th, 1846, had waived notice of non-payment…
1Opinion of the Court
By the Court, Welles, J.
I think the only question in this case worthy of consideration, is whether the plaintiff should have been allowed to prove that the defendant, at the time he signed the written waiver of notice of non-payment and protest of the draft, was perfectly sober and competent to transact business. The waiver bore date after the finding of the inquisition. Was the inquisition conclusive, or only prima facie evidence of the incapacity of the defendant? The weight of authority seems to be that it was conclusive. In L'Amoreux v. Crosby, (2 Paige, 427,) Chancellor Walworth says,…
2Cases cited2 opinions
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- White v. PalmerMassachusetts Supreme Judicial Court · 1808
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