(DOWNLOAD) "Samuel Dickins, Plaintiff in Error v. William M. Beal" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Samuel Dickins, Plaintiff in Error v. William M. Beal
- Author : United States Supreme Court
- Release Date : January 01, 1836
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Samuel Dickins, the defendant, and Jesse Taylor, were partners, transacting business at Hazelwood, Madison county, Tennessee, which was the residence of Dickins. On the 6th of December 1832, Taylor drew a bill of exchange for 1448 dollars, on Wilcox and Feron, New Orleans, in favour of Dickins, payable on the 1st of May 1834, which Dickins indorsed to the plaintiff. On the same day Dickins and Taylor drew two other bills, on the former house, in favour of the plaintiff: one for 2802 dollars, payable the 1st of May; the other for 1590 dollars, payable the 1st of April 1834. The three bills were dated at Hazelwood, Madison county, Tennessee; presented to the drawers on the 3d of June 1833, for acceptance; which being refused, they were protested, for non acceptance, by a notary public; who, on the same day, gave notice thereof to the drawer and indorser of the first, and the drawers of the other two, by letters put into the postoffice, addressed to them at Hazelwood, aforesaid. It was testified by the notary that, not knowing of any other residence of the parties, than that designated by the caption of the bill, he forwarded the notices accordingly, after inquiring of persons likely to know. It appeared that all the bills were drawn without funds, or authority to draw; nor was any evidence offered to show that either Dickins or Taylor had any reason to think that their bills on Wilcox and Feron would be honoured, except two letters from Wilcox and Feron, dated the 1st of December 1831, addressed to the cashier of the branch Bank of the United States at Nashville. In one they say, 'Messrs Dickins and Taylor are authorized in making negotiations, to value on our house in New Orleans, for say 10,000 dollars; in such form and at such time as they may think proper, and same will be duly honoured.' In the other, 'our friend, colonel Samuel Dickins, is authorized in negotiating with your institution, to value on our house in New Orleans, at any time, for such sums as he may think proper; and same will be duly honoured by W. and F.' These letters were in the handwriting of Wilcox and Feron, and in the possession of Dickins: they were offered to show that he was entitled to regular notice of the protest of the bills drawn by Dickins and Taylor; but were rejected by the court as incompetent.