1 Denio 367 | Court for the Trial of Impeachments and Correction of Errors | 1845
This suit was commenced on the 16th September, 1842. The indebtedness of the defendant is laid on the 10th day of July, 1842. The drafts offered in evidence, allowing days of grace, became payable on the 13th day of July of that year. On the trial the defendant’s counsel objected to the drafts being given in evidence on the ground that, as the declaration alleged the defendant’s indebtedness on the 10 th day of July, and the drafts were not payable till the 13th day of July, they would not show an indebtedness until a period subsequent to the time alleged in the declaration. The objection was overruled. The time of the defendant’s indebtedness alleged in the declaration is entirely immaterial, so that it is at a day prior to the time of the commencement of the suit.
The second point made by the counsel for the defendant was, that inasmuch as it appeared from the drafts that they contained special endorsements, without any re-transfer to the plaintiffs, they were bound to explain the endorsements, and show that they were made to agents for the purpose of collection.
The case shows that when the drafts were produced on the trial, these endorsements had been struck out by the drawing of a pen across them. I am of opinion that the objection is not well taken; and that the endorsements having been struck out, the law did not require the plaintiffs to show that such endorsements were made for the purpose of collection before they were entitled to stand in court prima facie as the owners of the drafts. In The Manhattan Company v. Reynolds and another,(2 Hill,
The drafts in suit were in their terms non-acceptable, and therefore it was not necessary, in any event, to present them to the drawees for any other purpose than for payment; they were 1 presented, on the 10th day of July, 1842 for that purpose, and payment refused. It is insisted on the one side that such present- | ment was a nullity, inasmuch as the bills did not mature until ' the 13th of July, the third day of grace. On the other side it is answered, that the drafts having been drawn and made payable in France, must be governed by the law of France in their com struction; and it is asserted that in France no days of grace wai
The contract of the drawer in this case Avas, that these drafts should be paid by the drawees on presentment, at their maturity; and if not, then he Avould pay on due notice of non-payment Hence a presentment for payment and due notice to the dmver on payment being refused, Avere conditions precedent; and. a
It is objected that Brue had no authority under the power of attorney to draw the drafts, if there were no funds or effects in the hands of the drawees at the maturity of the drafts. I am of opinion that the objection is not well founded. The terms of the power of attorney empowered the agent “ generally to coil-duct in my place and stead my commercial business, and to sign my name whenever requisite or expedient in the transaction and conduct of such business as to my said attorney shall seem meet in his good discretion.” This was a sufficient authority to draw the bills in question. A new trial should be denied.
New trial denied