 | William Blackstone - 1794 - 700 pages
...notice on the fame day. The drawer and indorfers are difcliarged, without fuch due notice, from all actions brought upon the bill ; with this exception, if the holder can prove that the drawer had no effect1; in the hands of the drawee when the bill was difhonoured, he may ftill recover againft the... | |
 | William Blackstone - 1794 - 676 pages
...on the fame day. The drawer and indorfers are difcharged, without fuch due r.otide, from all aftions brought upon the bill ; with this exception, if the holder can prove that the drawer had no effefts in the hands of the drawee when the bill was dishonoured, he may ftill recover againft the... | |
 | Sir John Bayley - 1797 - 158 pages
...fupra. In this cafe upon the application for » new trial, the Plaintiff's Counfel offered an affidavit that the drawer had no effects in the hands of the drawee, but the Court thought that made no difference, the action being brought againft the payee ; but by... | |
 | William Blackstone - 1800 - 680 pages
...notice on the fame day. The drawer and indorfers are difcharged, without fuch due notice, from all actions brought upon the bill; with this exception,...effects in the hands of the drawee when the bill was difhonoured, he may flill recover againft the drawer, though he omitted to give him notice. For the... | |
 | William Blackstone - 1807 - 698 pages
...notice on the same day. The drawer and indorsers are digcharged, without such due notice, from all actions brought upon the bill ; with this exception, if the holder can prove that the drawer had IF the bill be an indorsed bill, and the indorsee cannot get the drawee to discharge it, he may call... | |
 | Joseph Chitty - 1818 - 892 pages
...supplied by mere proof of noting for non-acceptance, and a subsequent protest for non-payment. But proof that the drawer had no effects in the hands of the drawee at the time of drawing the bill, or at any time afterwards, will in this country excuse the want of... | |
 | Samuel March Phillipps - 1823 - 554 pages
...if he be at home, it is easy for him to ascertain that fact by making inquiry." itice of dis- Proof that the drawer had no effects in the hands of the ' ° ' drawee, dispenses with notice of the dishonoured) or, to speak more correctly, notice will be dispensed with,... | |
 | United States. Circuit Court (3rd Circuit), Bushrod Washington - 1826 - 620 pages
...either state that the bill was protested, or show that it was not incumbent on him to protest ; as, that the drawer had no effects in the hands of the drawee ; but, the omission Raker rx. Gallagher. can only be taken advantage of by special demurrer. 1 Salk.... | |
 | Henry Roscoe - 1829 - 532 pages
...in the hands oj the drawee.] It is no answer to the want of notice in an action against an indorsee, that the drawer had no effects in the hands of the drawee. Thus where in such an action, the plaintiff's counsel offered to show that the drawee had no effects... | |
 | John Simcoe Saunders - 1831 - 598 pages
...it, Rogers v. Stephens, 2 TR 713 ; Gale v. Walsh, 5 ib., 239, or show that it was not necessary, as that the drawer had no effects in the hands of the drawee: Legge v. Thorpe, 12 East, 171. But the omission can only be taken advantage of by a special demurrer:... | |
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... can prove that the drawer had no effects in the hands of the drawee when the bill was difhonoured, he may flill recover againft the drawer, though he omitted to give him notice. 
