Pattee v. McCrillis
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, C. J., presiding. The facts sufficiently appear in the opinion. Two facts must appear to charge the drawer in this case, viz., presentment at proper time and place, demand and refusal ; and that notice of the same was sent by the next post to the drawer. Language of the notice must cover these facts, as that the bill had been protested.
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On Report from Nisi Prius, Appleton, C. J., presiding. The facts sufficiently appear in the opinion. Two facts must appear to charge the drawer in this case, viz., presentment at proper time and place, demand and refusal ; and that notice of the same was sent by the next post to the drawer. Language of the notice must cover these facts, as that the bill had been protested. Cayuga Bank v. Warren, 1 Corns., N. Y., 414; Porter v. Judson, 1 Gray, 177; Gilbert v. Dennis, 3 Met., 495; Clark v. Mdridge, 13 Met., 96. Only notice in case at bar was ''requiring payment.” Vide notarial eertif. Bailey on…
1Opinion of the CourtAppleton, C. J.
This is an action against the defendant as drawer of a bill of exchange. To charge him, the plaintiif must show the dishonor of the draft and seasonable notice of such dishonor. In the numerous cases cited in argument, the notices sent by the notary or the holder of the draft to the drawer were before the Court, and in each case the sufficiency of the notice was determined by the language of such notice. It is otherwise in the case under consideration, for the notice sent has not be.en produced.
By the Act of 1858, c. 44, § 1, "the protest of any foreign bill of exchange or promissory note, or…
2Cases cited1 opinion
- De Wolf v. MurrayThe Superior Court of New York City · 1848
3Cited by3 opinions
- Bettis v. SchreiberSupreme Court of Minnesota · 1883
- People ex rel. Schayer v. KendallColorado Court of Appeals · 1899
- People ex rel. Schayer v. KendallColorado Court of Appeals · 1899