(Download) "Matthew Watson, Plaintiff in Error v. Colin S. Tarpley" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Matthew Watson, Plaintiff in Error v. Colin S. Tarpley
- Author : United States Supreme Court
- Release Date : January 01, 1855
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
On the 29th April, 1850, the plaintiff in error, a citizen of Tennessee, brought this action of assumpsit against the defendant, a citizen of Mississippi, in the circuit court of the United States for the southern district of Mississippi, upon a bill of exchange, dated 4th April, 1850, drawn by the defendant upon Messrs. McKee, Bulkely, and Co., of New Orleans, Louisiana, for $2,327.49, payable twelve months after date, in favor of James Bankhead, and by him indorsed to the plaintiff, and declared in two counts–one on the non-acceptance and the other on the non-payment of the said bill. Pr. Rec., p. 4. The defendant pleaded 'non assumpsit,' and on this plea issue was joined, (page six,) and the action tried on the 11th of January, 1855, when a verdict was found for the defendant. On the trial, a bill of exceptions was taken by the plaintiff in error, from which it appears that the plaintiff read in evidence the bill of exchange, and proved the presentment thereof to the drawers, at their office in New Orleans, for acceptance on the 27th of April, 1850, the due protest thereof for non-acceptance, and a notification of its dishonor given the same day by letter addressed to the defendant at his residence in Mississippi. See Notarial Protest and Depositions, 17-22. The plaintiff also proved the presentment of the said bill for payment on the 7th April, 1851, the refusal of payment, the due protest thereof, and notice to the defendant. See Notarial Protest and Depositions of H. B. Cenas, A. Commandeur, and Charles F. Barry, 7-15.