LUDLOW v. BINGHAM, 4 U.S. 47 (1799)

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U.S. Supreme Court

LUDLOW v. BINGHAM, 4 U.S. 47 (1799)

4 U.S. 47 (Dall.)

Ludlow, Plaintiff in Error,
Bingham. *

High Court of Errors and Appeals of Pennsylvania.

July Session, 1799

IN error. This was an action by the indorsee, against the drawer, of a promissory note; and the following case was submitted for the opinion of the Court:

    'Sometime about the end of December 1792, the defendant, for a full and valuable consideration, that is to say, in consideration of Wm. Duer, of the city of New-York, relinquishing to him (the defendant) his the said Wm. Duer's right to a certain portion of a contract, made with the state of Massachusetts, for

    Page 4 U.S. 47, 48

    the purchase of a large tract of land, caused to be paid and delivered at the city of New-York to the said Wm. Duer, the several promissory notes in the declaration mentioned; all of which were drawn by the defendant, payable at the bank of the United States, to the order of Henry Knox, esq. a citizen of Massachusetts, and indorsed in blank by him to the said Wm. Duer, whose property they became by the said delivery; and continued so to be, until he parted therewith, as hereafter mentioned. On the 11th of May 1793, a foreign attachment issued out of the Court of Common Pleas for Philadelphia County, at the suit of Nicholas Fish, a citizen of the state of New-York, against the said Wm. Duer, which was, on the same day, duly served in the hands of the defendant, with notice to him as garnishee; and on executing a writ of inquiry, in the said attachment, the sum of 4103l. 15s. 6d. Pennsylvania currency was, on the 8th of March 1794, found due to the plaintiff therein, from the said Wm. Duer, and judgment thereupon rendered, which judgment still remains in full force and unsatisfied. At the time of issuing and serving the said attachment as aforesaid, the said notes remained in the possession, and were the property of the said Wm. Duer, and continued so to be, until some time afterwards, in the same year, when they were paid away by him in New-York to citizens of New-York, for a full and valuable consideration, by delivery, and without his indorsement thereon; and, afterwards, they were severally paid away and delivered in New-York, by the persons so receiving them respectively (before the bringing of the actions) citizens of New-York (except M'Crea, who is a citizen of Pennsylvania) respectively for full and valuable considerations and without any knowledge on their parts of the said attachment having been served or issued, other than such knowledge as may be deemed to result from the record of the said attachment, and the proceedings thereon; and without any knowledge of the agreement so as aforesaid made between the said Wm. Bingham and Wm. Duer. It is agreed that promissory notes were, at the time of negotiating the said promissory notes, and still are, negotiated and considered in New-York, upon the same footing as foreign bills of exchange, according to the custom of merchants.

    'Questions submitted to the opinion of the Judges: Were the sums of money, or any part thereof, due on the said notes, liable to the said attachment, and bound thereby in the hands of the defendant? Or, is he bound to pay the plaintiffs in these causes, notwithstanding the said attachment, and proceedings thereon, the amount of the said notes, or any part thereof? After an opinion shall be given on these questions, it is agreed, that the Court shall be authorised to give such judgment in the several actions, as the facts here stated, and as the facts [4 U.S. 47, 49]

    Full Text of Opinion

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