Mallory v. Kirwan
Mallory v. Kirwan
Opinion of the Court
—The sole question is, whether the defendant is bound to pay the bill, under the circumstances of this particular case? It was drawn in September 1781; it was presented, and refused acceptance, in November 1781 ; and yet it was never protested till August, 1782. This is, in our opinion, a fatal delay. The protest and notice are required upon principles of convenience; and it is not necessary that there should appear to be an actual loss, in consequence of neglecting them. Though what shall constitute a reasonable time for giving notice is a matter to be left to the Jury, under the peculiar situation of our country ; yet the rule is a general one, that reasonable notice of protesting a bill shall be given to the drawer. We think the rule has been grossly violated in the present cafe ; and, of course, that there ought to be a verdict for the defendant.
Verdict for the defendant.
Reference
- Full Case Name
- Mallory versus Kirwan
- Status
- Published