3 Johns. 207 | N.Y. Sup. Ct. | 1808
delivered the opinion of the court. The declaration in this suit varies from the one in the former cause, in these particulars only, viz. it states that after the bill was protested at Liverpool for non-acceptance, it was, when payable, protested at London for non-payment, w’ith an averment that the holders did not know where to present the same for payment in London; and it then avers, that of all the premises the defendant had notice.
The special demurrer to this declaration states that the plaintiffs have not alleged that the bill was presented to the drawees for payment, nor that the plaintiffs endeavoured to find the drawees, or made inquhy, or search for them.
Upon the argument, the declaration was objected to as bad, in matter of substance, for the want of a distinct averment that the defendant had notice of the non-acceptance. The answer to this objection is, that the general averment of notice of all the antecedent premises was sufficient, and is conformable to approved precedents. 7I19 reasonableness of the nptiqe, eithqr of the.
Judgment for the plaintiffs..