Higgins v. Morrison's
Court of Appeals of Kentucky
Chancery* From the Circuit Court eor Fayette Counts'* The facts—bill tons raised?UeS" Riil in chancery, by one joint indorser of a bill of exch. which he paid alter protest, against the other, for contribution: an omission to allege, as a distinct fact, that the bill was duly protested for non acceptance/'is not fatal; a general charge of indebtedness, with enough to show on what grounds, is sufficient.
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Chancery* From the Circuit Court eor Fayette Counts'* The facts—bill tons raised?UeS" Riil in chancery, by one joint indorser of a bill of exch. which he paid alter protest, against the other, for contribution: an omission to allege, as a distinct fact, that the bill was duly protested for non acceptance/'is not fatal; a general charge of indebtedness, with enough to show on what grounds, is sufficient. Even, at law ‘‘as. often held,) payee, v. drawer, or indorsees, indorser, may recover on a general count; so, no doubt, might a joint indorsei his associate.But the proof must be the same as…
1Opinion of the Court
Judge Ewing
delivered the Opinion of the Court.
On the 14th of March, 1815, L. Sanders drew a bill of exchange on Gfatz and Brothers of Philadelphia, for four thousand three hundred dollars, payable ninety days after sight, in favor of Higgins and Morrison, who endorsed it, for accommodation of Sanders, to Brugiér & Tessier* It was afterwards duly presented for acceptance, which was refused; and afterwards, at maturity* it was again presented for payment, and protested for non-payment, and afterwards paid, supra protest, by Grata and Brothers “for the honor of Morrison.” Morrison paid Gratz and…
2Cases cited5 opinions
- Pierce v. CraftsNew York Supreme Court · 1815
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Pierson v. HookerNew York Supreme Court · 1808
- Duryee v. DennisonNew York Supreme Court · 1810
- Arnold v. CraneNew York Supreme Court · 1811
3Cited by6 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Campbell v. TouseyNew York Supreme Court · 1827
- President of the Peoples' Bank v. KeechCourt of Appeals of Maryland · 1867
- Jarnagin v. StrattonTennessee Supreme Court · 1895
- Todd v. LuckettCourt of Appeals of Kentucky · 1857
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