May v. Coffin
Massachusetts Supreme Judicial Court
Case on a bill of exchange by the endorsee against the endorser. Upon trial at November term, 1806, in this county, before Parker, J., a verdict was found for the plaintiff for the amount of the bill, damages, and interest; to be set aside and a new trial granted, if the Court should be of opinion, upon the facts in the case, or they should be reported by the judge, that the plaintiff was not entitled to recover.
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Case on a bill of exchange by the endorsee against the endorser. Upon trial at November term, 1806, in this county, before Parker, J., a verdict was found for the plaintiff for the amount of the bill, damages, and interest; to be set aside and a new trial granted, if the Court should be of opinion, upon the facts in the case, or they should be reported by the judge, that the plaintiff was not entitled to recover. Those facts were as follows: —On the 20th of February, 1804, Samuel Ham, of Portsmouth, in the state of New Hampshire, drew his bill of exchange for 500Z. sterling on Messrs. Thomas…
1Opinion of the Court
The action stood continued for advisement, and at this term, the opinion of the Court (except the Chief Justice, who did not sit in the cause) was delivered by
Sedgwick, J.
[After reciting the facts.] As the plaintiff had notice in Boston of the protest for non-acceptance sixteen days before it was communicated to the defendant in Portsmouth, there is evidence of loches, which, if not satisfactorily accounted for, are sufficient to preclude the plaintiff from a right to recover in this action. This the plaintiff says he has done by the evidence that Ham, the drawer, before the bill came back…
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