Legal Opinion

Bloodgood v. Hawthorn

Supreme Court of Louisiana

Decided January 15, 1836PublishedCited by 3 opinions

AITUAL FROM THE COURT OF THE FIRST JUBICIAL DISTItICT, This is an action on a bill of exchange. The plaintiffs are the endorsers and holders of a bill for two thousand dollars, drawn by the defendant in Mobile, on one George Chanee, in New-Yorb, in favor of J. Stocking, jr., and by him endorsed in blank, payable seven months after date of the 16th October, 1829. 1 The plaintiffs allege, that demand both for.acceptance and payment, was duly made on the drawee, who refused to…

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AITUAL FROM THE COURT OF THE FIRST JUBICIAL DISTItICT, This is an action on a bill of exchange. The plaintiffs are the endorsers and holders of a bill for two thousand dollars, drawn by the defendant in Mobile, on one George Chanee, in New-Yorb, in favor of J. Stocking, jr., and by him endorsed in blank, payable seven months after date of the 16th October, 1829. 1 The plaintiffs allege, that demand both for.acceptance and payment, was duly made on the drawee, who refused to accept and pay the same, of which due notice was given to the defendant; that he is liable to pay tbe amount of the…

1Opinion of the CourtBullard, J.

This is an action by the- endorsee of a bill of exchange against the drawer. The plaintiffs allege that the bill was presented both for acceptance and payment, and on nonacceptance, was duly protested, and due notice of its dishonor given to the defendant.

The plea of the general issue, which puts at issue all the facts on the proof of which rests the plaintiff’s right to recover, is not waived by a subsequent plea which • sets up • ’the defendant’s agency as a de-fence against the action. The two pleas are not in- - consistent. alright'To ?f consequence 0f twleñTím^and lhe dra'"'ee> °r m…

2Cases cited1 opinion

  1. United States v. NourseU.S. Circuit Court for the District of District of Columbia · 1831

3Cited by3 opinions

  1. Williams v. BrashearSupreme Court of Louisiana · 1841
  2. L. H. Gardner & Co. v. J. J. McDaniel & Co.Supreme Court of Louisiana · 1874
  3. W. A. Ransom & Co. v. Scheen & BradleySupreme Court of Louisiana · 1880

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