 | William Blackstone - Law - 1800 - 680 pages
...fuch due notice, from all actions brought upon the bill; with this exception, if the holder 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... | |
 | Edward Christian - Law - 1801 - 284 pages
...fuch due notice,from alt actions brought upon the bill; with this exception, if the holder can prove that the drawer had no effects in the hands of the drawee when the bill was difhonourcd, he may fbill recover againft the drawer, though he omitted to give him... | |
 | Joseph Chitty - Foreign exchange rates - 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... | |
 | Joseph Chitty - Negotiable instruments - 1821 - 778 pages
...upon the application for я new trial, the plaintiff's counsel offered an affidavit that the draw er had no effects in the hands of the drawee; but the...that made no difference, the action being brought against the payee; but b\ Buller, J. hail the action been against the drawer I should have been willing... | |
 | Samuel March Phillipps - Evidence (Law) - 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,... | |
 | Henry Roscoe - Bills of exchange - 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... | |
 | William Grimshaw - Commercial law - 1831 - 354 pages
...withdraw them immediately. —1 Term Rep. 410.— 1 Esp. Rep. 332.— 1 Bay, 291. Yet, though it appear that the drawer had no effects in the hands of the drawee, no action can be maintained against the endorser, if no notice was given to him of the bill being dishonoured... | |
 | John Simcoe Saunders - Civil procedure - 1831 - 598 pages
...Pit. may show as a reason for his not giving notice to the deft, or for not protesting a foreign bill, that the drawer had no effects in the hands of the drawee, whereby to satisfy the bill ; and as to which, see ante, 292. Pit. may prov«, as an excuse for not... | |
 | Sir Thomas Edlyne Tomlins - Law - 1835 - 854 pages
...notice that it has been dishonoured. 1 Term Rep. 410: and see 1 Term Rep. 405. Yet, though it appear that the drawer had no effects in the hands of the drawee, no action can be maintained against the indorsor, if no notice was given him of the bill being dishonoured... | |
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The case of Bickerdike v. Bollman," says Lord Ellenborough, " went upon the ground, that the drawer had no effects in the hands of the drawee at the time of the bill drawn, and the other cases followed on the same ground. 
