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Jose Ventura De Aguiree Solarte, Abel, And Anselmo De Arroyave, Assignees, Etc, Of Joaquim Ruez De Alzedo, A Bankrupt v John Archdale Palmer, And William Bough: PC 1834

Upon the dishonour of a bill of exchange by the acceptor, a letter was written to the indorsers in the following terms :– ‘A bill for andpound;683, drawn by ‘ J. upon D. and Co., and bearing your indorsement, has been put into our hands by the assignees of A.’ (the holder, who had become bankrupt), with directons to take legal measures for the recovery thereof unless immediately paid.
Held: upon a bill of exceptions to the direction of the judge, upon the trial of an action against the indorser to recover the amount of the bill, that this was not a sufficient notice of the dishonour and non-payment of the bill to entitle the plaintiffs to maintain their action.

Citations:

[1834] EngR 186, (1834) 8 Bligh NS PC 874, (1834) 5 ER 1166

Links:

Commonlii

Jurisdiction:

Commonwealth

Banking

Updated: 05 May 2022; Ref: scu.316863

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