Eagle Bank at Providence v. Hathaway
Massachusetts Supreme Judicial Court
Assumpsit against the indorser of a bill of exchange. The bill was drawn at Providence (R. I.) Feb. 1st 1837, by S. Arnold & Co. upon Williams, Haven & Co. of Philadelphia, for $ 800, payable, at four months after date, to the defendant or his order, and by him indorsed, and accepted by the drawees.
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Assumpsit against the indorser of a bill of exchange. The bill was drawn at Providence (R. I.) Feb. 1st 1837, by S. Arnold & Co. upon Williams, Haven & Co. of Philadelphia, for $ 800, payable, at four months after date, to the defendant or his order, and by him indorsed, and accepted by the drawees. At the trial before the chief justice, it appeared that the bill was discounted by the plaintiffs, indorsed by their cashier, S. S. Wardwell, and transmitted to the Bank of New York, in the city of New York; that it was there indorsed by A. P. Halsey, cashier of that bank, and transmitted to the…
1Opinion of the CourtShaw, C. J.
Several exceptions were taken by the defendant, at the trial; but the only one brought before the rr'|irt in the *215argument is, whether, under the circumstances, notice given to the defendant, through the post office, was sufficient to charge him as indorser.
We suppose it well settled by the usage and practice of merchants and bankers in the United States, that where bills and notes negotiable are indorsed and transmitted from one to another successively, whether it be upon actual negotiation for valuable consideration, or only for the purpose of collection, it is competent for the holder to…
2Cases cited1 opinion
- Munn v. BaldwinMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Blue Ribbon Garage, Inc. v. BaldwinSupreme Court of Connecticut · 1917