15 Johns. 338 | N.Y. Sup. Ct. | 1818
delivered the opinion of the court. There can be no doubt but that the law discharges the indorser of a bill of exchange, when the holder gives time to the acceptor after it has been dishonoured. (1 Term Rep. 167. 8 East, 576.) but this is not such a case; here the bill having been
The plaintiff’s right of action then, against the drawer, was not affected by the second bill. But another objection to the verdict has been made on the argument; that the remitting Of_ther bill to England in time of war was illegal, and that no action against the defendant could grow out of such illegal act.
As to this objection, it might be observed, that it does not appear by the case, that the illegality of remitting the bill was adverted to by the defendant’s counsel at the trial, which might, perhaps, now be deemed sufficient to conclude the party, but if the objection had been made, it would have been of no avail. The act of congress of the 6th of July, 1812, (1 session, 12th Cong. chap. 129.) authorizes vessels of this sort to sail to the enemy’s port, and, of course, those who afford the necessary supplies to the captain, for a voyage thus legalized, are exempted from the controlling principles growing out of a state of war. The same protection afforded by law to Taylor and Newman, who procured the supplies, must be extended to Suckley, and to all those having dealings of the same description. The case of Kensington v. Inglis and another, (8 East, 273.) goes much further, and appears to me to be conclusive on the subject. There a license had been given to trade with an alien enemy for specie and goods, to be brought from the enemy’s country in his ships, into a British colonial port, and it was held, that an insurance on the enemy’s ship, as well as on the goods and specie put on board, was incidentally legalized ; and that it was competent for theBritish agent of both parties, in whose name the insurance was effected, to sue upon the policy in time of war, the trust not contravening any rule of law or of public policy. In this case, the privilege to sail clearly comprehended the right of procuring and affording the necessary supplies, to enable her to prosecute her voyage, for the amount of which the bill in question was drawn. The plaintiff, therefore, on both grounds, is entitled to judgment on the verdict.
Judgment for the plaintiff