Miller v. Hackley
New York Supreme Court
This was an action, by the first indorsee, against, the drawers of an inland bill of exchange. Í The count, under which the plaintiff offered his testimony, -alleged the making of the second of exchange by the defendants, and"'the indorsement of that bill to the plaintiff, and then set forth notice of the indorsement, and the presentment of the first of exchange, without averring that the first of exchange had been indorsed to the plaintiff.
Read the full summary
This was an action, by the first indorsee, against, the drawers of an inland bill of exchange. Í The count, under which the plaintiff offered his testimony, -alleged the making of the second of exchange by the defendants, and"'the indorsement of that bill to the plaintiff, and then set forth notice of the indorsement, and the presentment of the first of exchange, without averring that the first of exchange had been indorsed to the plaintiff. On this ground the defendants moved for a non-suit.
1Opinion of the Court
Thompson, J.,
considered the application as made in season; but said, that all the sets of a bill must be considered as one bill, and that the averment, in this view, was correct.
Mo notice of the dishonor having been given to the defendants, the plaintiff proved that, about three months after the protest of the bills, one of the drawers said, to a third person, that he would take care of the bills, or that he would see them paid.
The defendant’s counsel contended, that before the promise of the defendant could amount to a waiver of the want of notice, it must appear that he knew the fact of the *92…
2Cases cited4 opinions
- Duryee v. DennisonNew York Supreme Court · 1810
- Donaldson v. MeansSupreme Court of the United States · 1791
- Goddard v. Merchants BankThe Superior Court of New York City · 1848
- Watson v. BonneyThe Superior Court of New York City · 1849