Grant v. Ellicott
New York Supreme Court
Demurrer to replication. The plaintiffs declared on a bill of exchange, drawn by one Nathan Graham, on the defendant, and accepted by him. The defendant pleaded actio non, because the bill of exchange was accepted by him without any consideration passing between him and the drawer, of which the plaintiffs had notice.
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Demurrer to replication. The plaintiffs declared on a bill of exchange, drawn by one Nathan Graham, on the defendant, and accepted by him. The defendant pleaded actio non, because the bill of exchange was accepted by him without any consideration passing between him and the drawer, of which the plaintiffs had notice. The plaintiffs replied precludi non, because the bill was accepted by the defendant for a good and valuable consideration passing between the drawer and the drawee. To which replication the defendant demurred,
1Opinion of the Court
By the Court,
Savage, Ch. J.
The defendant says he ought not to pay the bill because no consideration passed between him and Graham, and this was known to the plaintiffs: that is, the defendant accepted the bill for the accommodation of the drawer, which the plaintiffs knew. This is no defence : it was so decided in Smith v. Knox, 3 Esp. R. 46. Lord Eldon there held that where a bill is given for the accommodation of the drawer or payee, and is sent into the world, it is no answer to an action upon'it against the acceptor, that he accepted it for the accommodation of the drawer, and that the…
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- Law v. BrinkerSupreme Court of Colorado · 1883
- Arnold v. SpragueSupreme Court of Vermont · 1861
- Chester v. . DorrNew York Court of Appeals · 1869
- Marsh v. LowIndiana Supreme Court · 1876
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