Wells v. Whitehead
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in March, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The suit was against the defendant, as the endorsee of a bill of exchange, drawn at Key West, in Florida, on a mercantile house at Boston, dated 31st March, 1831, payable to the defendant 60 days after sight, described in the declaration as the first of a set of three bills, the second and third being unpaid.
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This was an action of assumpsit, tried at the New-York circuit in March, 1833, before the Hon. Ogden Edwards, one of the circuit judges. The suit was against the defendant, as the endorsee of a bill of exchange, drawn at Key West, in Florida, on a mercantile house at Boston, dated 31st March, 1831, payable to the defendant 60 days after sight, described in the declaration as the first of a set of three bills, the second and third being unpaid. The bill declared on was produced at the trial, and the signature of the defendant proved. It was also proved that on the 23d April, 1831, the third of…
1Opinion of the Court
By the Court,
Nelson, J.
Two objections were taken in this case to the plaintiff’s right to recover, which were overruled by the circuit judge: J. That the suit being against an endorser, on a protest for non-acceptance of a bill of exchange drawn in parts, it was incumbent upon the plaintiff to produce at the trial the identical bill, or number of the set that was protested, or account for its absence ; and 2. That sufficient evidence was not given to establish the fact that the defendant had b een duly notified of the non-acceptance, or that due diligence had been used for that purpose,
i The…
2Cases cited2 opinions
- Mitchell v. StarbuckMassachusetts Supreme Judicial Court · 1813
- Kenworthy v. HopkinsNew York Supreme Court · 1799
3Cited by15 opinions
- Halliday v. McDougallNew York Supreme Court · 1838
- Branch of the Bank of the State at Decatur v. PeirceSupreme Court of Alabama · 1842
- Carter v. BurleySuperior Court of New Hampshire · 1838
- Walsh v. BlatchleyWisconsin Supreme Court · 1858
- Streever v. . Bank of Fort EdwardNew York Court of Appeals · 1866
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