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18 F. Cas. 1022

Palmer v. Blight

U.S. District Court

Decided October 15, 1807

U.S. District Court · decided 1807-10-15

This was an issue, sent from the commissioners of bankrupts, to try whether any thing, and how much, is due from the bankrupt to the plaintiff. A great part of the plaintiff’s demand arose upon bills of exchange, drawn by bankrupt in favour of plaintiff, and remitted to him in Jamaica, to sell, and to remit the proceeds to bankrupt.

Decided 1807-10-15

BY THE COURT.

¶1It is true, the bills should be produced, or otherwise accounted for, by proving them to be lost, or in a situation not to be again brought against the defendants; and the evidence in this case, shows them to be before the commissioners in England, for the purpose of obtaining a dividend on the estate of the drawee. The evidence, if believed by the jury, proves that they were all paid by plaintiff; which is sufficient, though a receipt for the money was not endorsed on the bills, and though they were not endorsed in blank by the holders, to whom the money was paid.

¶2The plaintiffs obtained a verdict.

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