 | Samuel Comyn - Contracts - 1807 - 646 pages
...fufpicion of any forgery. Here was no fraud, no wrong. It was incumbent upon the plaintiff to be fatisfied that the bill drawn upon him was the drawer's hand, before he accepted or paid it: but it was not incumbent upon the defendant to inquire into it. Here was notice given by... | |
 | Horace Binney, Pennsylvania. Supreme Court - Law reports, digests, etc - 1809 - 676 pages
...against their own acceptance. So in Price v. Neal, Lord Mansfield said it was incumbent upon the acceptor to be satisfied that the bill drawn upon him was the drawer's hand before he accepted it. In Smith v. Chester. (b~) Buller ]. says " When a bill is presented for acceptance, the u acceptor... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...without the least privity or suspicion of any forgery. Here was no fraud, no wrong. It was incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer's hand before he accepted or paid it: but it was not incumbent upon the defendant to inquire into it. Here was notice given by... | |
 | Henry Roscoe - Bills of exchange - 1829 - 532 pages
...court of KB held, that it could not be maintained. Per Lard Mansfield, " Here was no fraud ; no wrong. It was incumbent on the plaintiff to be satisfied...upon him was the drawer's hand, before he accepted or paid it. But it was not incumbent on the defendant to inquire into it. Here was notice given by... | |
 | Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...and it appeared that the handwriting of the drawer waa forged, it was held that it was incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer's hand, before he accepted or paid it, and that he could not recover the amount. Price v. Neale, 3 Burr. 13\>4, 1 W. Bl. 390,... | |
 | Henry Roscoe - Evidence (Law) - 1832 - 660 pages
...of the drawers was forged, it was held that it was incumbent upon the plaintiff to be satisfied lhat the bill drawn upon him was the drawer's hand, before he accepted or paid it, and that he could not recover the amount. Price v. Ncal, 3 Burr. 1354, 1 W. Bl. 390, SC... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 966 pages
...the least privity or suspicion of any forgery. Here was no fraud, no wrong. // irax incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer's hand before he accepted or paid it : but it was not incumbent upon the defendant to inquire into it. Whatever neglect there... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 962 pages
...without the least privity or suspicion of any forgery. Here was no fraud, no wrong. // was incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer's hand before he accepted or paid it : but it was not incumbent upon the defendant to inquire into it. Whatever neglect there... | |
 | Commercial law - 1847 - 554 pages
...and valuable consideration for the bills, said, "here was no fraud, no wrong. It was incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer 's hand, before he accepted or paid it. But it was not incumbent ulxjn the defendant to inquire... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1850 - 614 pages
...Mansfield in delivering the opinion of the court in favor of the defendant, said, " it was incumbent upon the plaintiff to be satisfied that the bill drawn upon him, was the drawer's hand before he accepted or paid it, but it was not incumbent upon the defendant to inquire into it." " Whatever neglect there... | |
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Here was no fraud; no wrong. It was incumbent upon the plaintiff to be satisfied "that the bill drawn upon him was the drawer's hand," before he accepted or paid it; but it was not incumbent upon the defendant to inquire into it. 
