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Decisions of the Superior Courts of New South Wales, 1788-1899

Jamison v. Throsby [1817] NSWKR 6; [1817] NSWSupC 6

bill of exchange - agency

Supreme Court
Field J., 30 June 1817
Source: Sydney Gazette, 5 July 1817[1]

In the Supreme Court a decision was lately made on the subject of a bill of exchange, which His Honor the Judge expatiated upon as highly interesting to be made known. The bill was for £1000, and had being transmitted to England several years ago, and although unpaid and protested accordingly, it was nevertheless held by the plaintiffs agent, and not returned upon the drawer or indorser in this Colony for a considerable time, and the action was now brought to recover of the indorser, the drawer having left the Colony. It was therefore held, that the plaintiffs agent in London had, by the holding of the bill without giving timely notice of its non-payment to the indorser, who was the defendant in the present action, and thus deprived of his remedy against the drawer invalidated by the plaintiff's claim upon the indorser, for the error lay only with the plaintiffs agent, for whose act he was undoubtedly responsible. In illustration of the law upon the subject, his Honor cited a number of cases which had been uniformly so determined, and gave judgement to the defendant.

Note

[1] Jamison appealed against this decision to the Court of Appeal. Governor Macquarie affirmed the decision of the Supreme Court. See Minute Books (Court of Appeals), 16 June 1817-20 April 1824, State Records N.S.W., 4/6604 at 7-8, 11, 13, 15, 21-24.

Published by the Division of Law, Macquarie University