Hodgson v. Turner

U.S. District Court

Decided March 15, 1802

U.S. District Court · decided 1802-03-15

The defendant was indorser of a foreign bill of exchange, protested for non-payment as well as for non-acceptance. prayed the court to instruct the jury that it was necessary for the plaintiff to prove that the defendant had reasonable notice of the protest for non-acceptance; and cited Kyd, Bills, 109, 117-119, 137; Milford v. Mayor, 1 Doug. 55; Bull.

Decided 1802-03-15

THE COURT,

¶1on the authority of Brown v. Barry and Clarke v. Russel [supra], refused to give the instruction as prayed.

¶2Mr. Gantt, for defendant, then produced a fieri- facias, issued last term and returnable to this, on a judgment obtained by the plaintiff against Bowie, the drawer of this bill; on which execution he stated the marshal had seized the goods of Bowie, but that they were not sold for want of buyers; and prayed the court to instruct the jury that this execution so levied, was a discharge of the in-dorser. Seld. Prac. 564.

¶3THE COURT refused to give the instruction.