Slacum v. Pomery
10 U.S. 221 (1810)

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U.S. Supreme Court

Slacum v. Pomery, 10 U.S. 6 Cranch 221 221 (1810)

Slacum v. Pomery

10 U.S. (6 Cranch) 221

Syllabus

In an action by the endorsee against the endorser of a foreign bill of exchange, the defendant is liable for damages according to the law of the place where the bill was endorsed.

The endorsement is a new and substantive contract.

In an action of debt against the endorser of a bill of exchange under the statute of Virginia, it is necessary that the declaration should aver notice of the protest for nonpayment.

It is not too late to allege as error in the appellate court a fault in the declaration which ought to have prevented the rendition of a judgment in the court below.

Error to the Circuit Court for the District of Columbia sitting in Alexandria in an action of debt (under the law of Virginia) brought by Pomery against Slacum, as endorser of a bill of exchange, dated 6 August, 1807, drawn in the Island of Barbados by Charles Cadogan, a merchant residing there, at 60 days' sight, upon Barton, Irlam & Higginson, at Liverpool, in England, for

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