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1 S.C.L. 222

Lang v. Brailsford

Pennsylvania Court of Common Pleas · decided 1791-05-15

CASE upon a bill of exchange. The bill, it seems, wag drawn by Pozuell, Hopton, and Co. dated Charleston, Decern-her 1st, Iff6, upon Samuel Brailsford, the defendant, in Bristol, requiring him two years, after sight, to pay to Richard Champion, or order, a certain sum. It was accept-e¿ by Brail-tford thus: “ Accepted, payable at the house of j j 1 1 “ Brown and Collingson, London.

Decided 1791-05-15

Rutledge, Ch. J.

¶1delivered the opinion of the court; and charged the jury that a protest was not necessary to charge the acceptor with the principal, but that it was materially essential to charge him with the interest; because It is evidence of a demand, which the court held to be necessary, in order to entitle the plaintiff to the interest.

¶2The jury found for the plaintiff, dropping the interest antecedent to the time of commencing the suit; but, previous to-the verdict being known or read in court,

¶3Ford., the attorney on record, thought proper to enter a nonsuit, in order that, in a future action, he might have an opportunity of proving, the requisite demand, which he said Tlould be in the plaintiff’s power to- do.

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