John Hortsman, Plaintiff In Error v. John Henshaw, William Ward, and Joseph Ward, Merchants and Copartners, Doing Business Under the Firm and Style of Henshaw, Ward Co Defendants In Error
Decision Date | 01 December 1850 |
Citation | 52 U.S. 177,11 How. 177,13 L.Ed. 653 |
Parties | JOHN HORTSMAN, PLAINTIFF IN ERROR, v. JOHN HENSHAW, WILLIAM WARD, AND JOSEPH W. WARD, MERCHANTS AND COPARTNERS, DOING BUSINESS UNDER THE FIRM AND STYLE OF HENSHAW, WARD, & CO., DEFENDANTS IN ERROR |
Court | U.S. Supreme Court |
'It was not shown that said payees had any interest in or any knowledge of said bill of exchange, but the contrary.
'Neither the plaintiff nor the defendant had any suspicion of the forgery at the time of the sale and purchase, acceptance and payment, of the said bill; and no demand or notice to the defendants was proved to have been made in relation to said bill, or the subject-matter of said suit, prior to bringing this action.
'At the trial the plaintiff's counsel requested the presiding judge to charge the jury, that, if the forgery were proved, the defendants would be liable to refund to the plaintiff the amount paid them by him on said bill, with interest and damages; but the judge declined so to instruct the jury; and, on the contrary, ruled that if the drawers of the bill sold it for their own benefit, with the names of the payees indorsed upon it when it passed out of their hands, though such indorsement were forged, and received the amount of said bill, and afterwards remained in good credit until April, 1845, and then became insolvent, and have since remained so, and no notice was given to or demand made upon the defendants in relation to said bill or the subject-matter of this suit until this suit was commenced, then the plaintiff could not recover.
'Thereupon the jury found a verdict for the defendants.
'To these rulings the plaintiff's counsel excepted, and his exceptions, being found conformable to the truth, are allowed.
'PELEG SPRAGUE, Judge, &c.'
Upon this exception the cause came up to this court, where it was argued by Mr. Fletcher Webster, for the plaintiff in error, and submitted by Mr. Curtis, upon a printed brief prepared by Mr. Whiting, for the defendants in error.
The counsel for the plaintiff in error relied upon the following points.
1. No title can be acquired through a forgery. Johnson v. Windle, 3 Bing. N. C. 225, 229;...
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