United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wanzer v. Tupper, 49 U.S. 8 How. 234 234 (1850)

Wanzer v. Tupper

49 U.S. (8 How.) 234

Syllabus

By the statutes of Mississippi, the holder of an inland bill of exchange is entitled to recover of an endorser the amount due on the bill, with interest, upon giving the customary proof of default and notice. A protest is necessary only for the purpose of enabling him to recover the five percent damages given by the act.

The case of Bailey v. Dozier, 6 How. 23, confirmed.

It was an action brought by Wanzer upon a bill of exchange drawn by him upon Silverbury & Co., accepted by drawees, and endorsed by Tupper & Rollins to Wanzer.

The cause was tried in the circuit court in November, 1846, when the court refused to permit the bill, although admitted to be an inland bill of exchange, to be given in evidence to the jury, because there was no valid protest thereof.

It is unnecessary to state any further facts in the case.