Public-domain · open source
OpenJurist

1 Abb. Pr. 288

Moran v. Anderson

New York Supreme Court

Decided March 15, 1855

New York Supreme Court · decided 1855-03-15

This was an action against the acceptor of two bills of exchange. The complaint contained three counts. The first claimed interest from the 18th of August, 1854, the date of the delivery of the bill to the plaintiffs. The second claimed interest from the 31st of August, 1854, the date of acceptance by the defendants, and the third claimed as damages the fees of protest.

Decided 1855-03-15

Clerke, J.

¶1The first two objections to the complaint are merely objections to the amount of damages claimed, and this is no less the case with.the third.

¶2Bo doubt the question of damages in lieu of exchange and re-exchange, ordinarily arises in regard to the drawer and indorsers; but the acceptor is liable, at all events, for the expenses of the protest, with interest.

¶3The third objection therefore is also a mere objection to the amount claimed, which of course can be taken advantage of by answer, and adjusted at the trial.

¶4Motion granted, with liberty to defendants to answer in ten days, on paying $10 costs.

/1/abbpr/288 · .json · Public domain