Downes & Company v. Church - 38 U.S. 205 (1839)
U.S. Supreme Court
Downes & Company v. Church, 38 U.S. 13 Pet. 205 205 (1839)
Downes & Company v. Church
38 U.S. (13 Pet.) 205
The plaintiffs in an action on the second set of a foreign bills of exchange which was protested for nonacceptance, with the protests thereto attached, can recover without producing the first of the same set or accounting for its nonproduction.
This was an action of assumpsit founded on the second of a foreign bill of exchange by the endorsee against the endorser for nonacceptance. The plaintiffs declared upon the "second" of the set of exchange, which "second of the set" was protested for nonacceptance, and the same, with the protest thereto attached, was read in evidence to the jury. Whereupon a question arose whether the plaintiffs could recover upon the said second of exchange without producing the first of the same set or accounting for its nonproduction, upon which the judges were opposed in opinion. Whereupon the same was ordered to be certified to the Supreme Court of the United States.