Dennistoun v. StewartAnnotate this Case
58 U.S. 606 (1854)
U.S. Supreme Court
Dennistoun v. Stewart, 58 U.S. 17 How. 606 606 (1854)
Dennistoun v. Stewart
58 U.S. (17 How.) 606
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE SOUTHERN DISTRICT OF ALABAMA
Where the protest of a bill of exchange contained an exact copy of the bill, but the acceptance was made by "Chas. Byrne" instead of "And. E. Byrne," as it was in the original bill, this variance or error in the name of the acceptor's agent ought not to have excluded the protest from being read in evidence to the jury.
It is unnecessary that a copy of the protest should be included in the notice to the drawer and endorsers. The object of the notice is to inform the party that payment has been refused, and hence such a description of the note as will give sufficient information to identify it is all that is necessary.
In this case, the protest had an accurate copy of every material fact which could identify the bill: the date, the place where drawn, the amount, the merchandise on which it was drawn, the ship by which it was sent, the balance on the cotton for which it was accepted, the names of drawers, acceptor, endorsers; everything but the abbreviations and flourishes in the Christian name of the acceptor's agent. This mistake could not mislead any person as to the identity of the instrument described.
The case is stated in the opinion of the court.
MR. JUSTICE GRIER delivered the opinion of the Court.
The plaintiffs declared against the defendant, as drawer of a bill of exchange, by the name and style of James Reid and Co., of which the following is a copy: