Suckley v. Furse
New York Supreme Court
THIS was an action of assumpsit on a bill of exchange, ** dated at New-Yorh, the 7th of November, 1812, drawn by the defendant, on Edward Angove, of Falmouth, in England, in favour oí Taylor and Newman, or order, for 331/. 3s. 6d. ' sterling, payable in London, thirty days after sight, and endorsed by Taylor and Newman to the plaintiff.
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THIS was an action of assumpsit on a bill of exchange, ** dated at New-Yorh, the 7th of November, 1812, drawn by the defendant, on Edward Angove, of Falmouth, in England, in favour oí Taylor and Newman, or order, for 331/. 3s. 6d. ' sterling, payable in London, thirty days after sight, and endorsed by Taylor and Newman to the plaintiff. The cause was tried before Mr- J. Spencer, at the New-YorJc sittings, in April, 1817. The defendant was captain of the British packet Swift-sure, and Taylor and Newman, as his agents, furnished the packet with supplies, a short time before the date of the…
1Opinion of the CourtYates, J.
There can be no doubt but that the law discharges the indorser of a bill of exchange, when the holder gives time to the acceptor after it has been dishonoured. (1 Term Rep. 167. 8 East, 576.) but this is not such a case; here the bill having been *341dishonoured, and notice duly given, Suckley, the holder, draws for the amount of the first bill, with damages and charges, on Furse the drawer, and Angove, the acceptor of that bill, jointly, at 60 days sight, in favour of Thomas Holy, which was accepted by Angove, but not by the defendant Furse. This bill was afterwards returned and never paid, so…
2Cited by4 opinions
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- Gadsden v. JonesSupreme Court of Florida · 1847
- Davis v. LeslieDistrict Court, S.D. New York · 1848