Donaldson v. Means
Supreme Court of Pennsylvania
This was an action brought by the indorsee of three bills of exchange, against the indorser. On the trial, it appeared, that the bills were drawn in April 1776, at thirty days’ sight, by Nathaniel Newton, on Wilt So Hobson, of London, in favor of T. Armstrong, and indorsed, successively, by Armstrong, and by Means, the defendant; that the bills were presented, and noted for non-acceptance, on the 24th of March 1777 ; and that they were presented, and protested for…
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This was an action brought by the indorsee of three bills of exchange, against the indorser. On the trial, it appeared, that the bills were drawn in April 1776, at thirty days’ sight, by Nathaniel Newton, on Wilt So Hobson, of London, in favor of T. Armstrong, and indorsed, successively, by Armstrong, and by Means, the defendant; that the bills were presented, and noted for non-acceptance, on the 24th of March 1777 ; and that they were presented, and protested for non-payment, on the 26th of April 1777. The question to be decided, was, whether due notice had been given to the defendant of the…
1Opinion of the Court
By the Court.
— The law upon the subject is so clear, that the whole case resolves itself into the question of fact, on which the law is to arise. If the proof is satisfaetoiy, that the defendant, under a knowledge of all the circumstances, absolutely promised to pay, he is, incontestably, bound by his promise.1 But if his engagement was of a conditional nature, that he would pay, when the protest was transmitted : or if any material fact was unknown to him, at the time of making the pi’omise, the verdict should certainly be in his favor.2
Verdict for the plaintiff.
Duryee v. Dennison, 6 Johns.…
2Cases cited8 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- Meyer v. . HibsherNew York Court of Appeals · 1872
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
- Sice v. CunninghamNew York Supreme Court · 1823
3 more not listed; retrieve them via the Exa API.