Warder v. Tucker
Massachusetts Supreme Judicial Court
Case by the endorsees against the endorser of a bill of exchange. The declaration alleges that Lemuel Weeks 8f Son, at Portland, on the 13th of August, 1807, drew their bill of exchange on the house of Lodges Tooth, in Liverpool, for £945 sterling, payable to the defendant or his order at sixty days’ sight; that the defendant endorsed the bill to the plaintiffs, who, on the 12th of October, presented the same for acceptance; that, the drawees refusing to accept the same, it…
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Case by the endorsees against the endorser of a bill of exchange. The declaration alleges that Lemuel Weeks 8f Son, at Portland, on the 13th of August, 1807, drew their bill of exchange on the house of Lodges Tooth, in Liverpool, for £945 sterling, payable to the defendant or his order at sixty days’ sight; that the defendant endorsed the bill to the plaintiffs, who, on the 12th of October, presented the same for acceptance; that, the drawees refusing to accept the same, it was duly protested, of which the defendant had notice; that, on the 14th of December, the plaintiffs presented the bill…
1Opinion of the Court
Curia.
Had this action been brought against the drawers of the bill of exchange declared on, as they had no effects in the hands of the drawees, a want of notice could not have availed them. Bui an endorser is entitled to seasonable notice of a protest for nonacceptance, whether the drawer has effects in the hands of the drawee or not, for the purpose of enabling him to secure himself against the drawer, if he should eventually be holden to pay the bill.
In this case, it appears that the bill was protested for non-payment on the 12th of October, 1807, and that the defendant had no notice…
2Cited by27 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Allsman v. Oklahoma CitySupreme Court of Oklahoma · 1908
- Sullivan v. CollinsSupreme Court of Iowa · 1865
- Solomon v. SolomonSupreme Court of Georgia · 1847
- Corporation of Marshall v. SnedikerTexas Supreme Court · 1860
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