Tunno & Cox v. Lague
New York Supreme Court
This was an action of assumpsit, against the defendant, as drawer of a bill of exchange, dated at Jeremie, April 29, 1798, on Malloby & Durand, of New York, in favor of the plaintiffs, for $4866 76, payable sixty days after sight. On the 11th of July, 1798, the bill was presented to the drawees, and protested for non-acceptance, and on the 12th September, it was protested for non-payment.
Read the full summary
This was an action of assumpsit, against the defendant, as drawer of a bill of exchange, dated at Jeremie, April 29, 1798, on Malloby & Durand, of New York, in favor of the plaintiffs, for $4866 76, payable sixty days after sight. On the 11th of July, 1798, the bill was presented to the drawees, and protested for non-acceptance, and on the 12th September, it was protested for non-payment. At the trial, R. Lenox, a witness, testified that he was an agent for the plaintiffs, who reside in South Carolina, and received the bill from them ; that the defendant, after drawing the bill, came to New…
1Per curiam
The holder of a bill of exchange is hound to use due diligence to give notice of non-acceptance, as well as of non-payment, to the drawer or endorser whom he intends to charge. (5 Burr. 2670. 1 Term Rep. 714. Kyd, 76, 79.) Had Lenox been the real holder, he ought to have given notice of the non-acceptance to the drawer, before the 8th August, either at his dwelling house, or if his residence was not known, to have sent it to Jeremie, where the bill was drawn. The prevalence of' the yellow fever would have been a sufficient excuse for a delay of notice of nonpayment until November, as there…
2Cases cited8 opinions
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
- United States v. BarkerSupreme Court of the United States · 1827
- Hopkirk v. PageU.S. Circuit Court for the District of Eastern Virginia · 1822
- Bank of the United States v. GoddardU.S. Circuit Court for the District of Massachusetts · 1829
- Schofield v. BayardNew York Supreme Court · 1830
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Trustees of Dartmouth College v. WoodwardSupreme Court of the United States · 1819
- Bank of the United States v. GoddardU.S. Circuit Court for the District of Massachusetts · 1829
- Dartmouth College v. WoodwardSupreme Court of the United States · 1819
- United States v. BarkerU.S. Circuit Court for the District of Pennsylvania · 1824
- Clark v. Manufacturers' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1847
1 more not listed; retrieve them via the Exa API.