Philpott v J. W. Bryant
| Jurisdiction | England & Wales |
| Judgment Date | 30 November 1827 |
| Date | 30 November 1827 |
| Court | High Court |
English Reports Citation: 172 E.R. 405
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Sittings in London, after Michaelmas Term, 1827, before Mr. Justice Park (who sat for the Lord Chief Justice). Nov. 30th, 1827. philpott v. J. W. bryant. (It 13 not necessary in an action against the drawer of a bill of exchange, payable after date, to aver acceptance or notice of refusal to accept, but proof of presentment for payment is sufficient If a bill is accepted payable at a particular place, and the acceptor dies before it becomes due, it is sufficient, in an action against tie drawer, to prove presentment at the specified place, and it is not necessary to shew presentment at the house of the deceased's representative.) Assumpait on a bill of exchange, dated the 16th of September, 1822, at six months after date, drawn by the defendant on his father John Bryant, and accepted by him payable at No 18, Bishopsgate Street. The plaintiff was [245] the holder. The declaration stated, that the bill was in due manner presented to the drawee for payment. A notary's clerk proved, that he presented the bill for payment, at No. 18, Bishops-gate Street, and it appeared that John Bryant, the drawee, died about a fortnight before the bill became due, leaving his widow his executrix. Curwood, for the defendant, objected that the plaintiff could not recover, as he had merely averred and proved presentment to the drawee for payment. To make the drawer liable, there must be default on the part of the acceptor ; and if the 406 ALLISON V. HAYDON 3 CAR. & P. E48...
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Philpot v Briant
...945 IN THE COURT OF COMMON PLEAS, AND OTHER COURTS Philpot and Briant S. C. 1 Moo. & P. 754; 6 L. J. C. P. (O. S.) 182: at Nisi Prius, 3 Car, & P.244. Referred to, Oriental Financial Corporation v. Overend, 1871-74, L. R. 7 Ch. 146 (n); L. R. 7 H. L. 348. philpot v. brunt. May 19, 1828. [S.......