Farmers' Bank v. Waples

Superior Court of Delaware

Farmers' Bank v. Waples

4 Del. 429

DecidedJuly 1, 1846

StatusPublished

This text of 4 Del. 429 (Farmers' Bank v. Waples) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farmers' Bank v. Waples, 4 Del. 429 (Del. Ct. App. 1846).

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Opinion

The Court

refused the nonsuit without hearing the other side. (1 Greenleaf’s Ev. 153, § 184.) “ The want of a protest is excused by proof that the defendant requested, that in case of the dishonor of the bill, no protest should be made. (Story on Bills, § 275, 280; Chitty & Hulme on Bills 452; 2 Stark Ev. 270; 3 N. Hamp. Rep. 32, Barry vs. Morse; 8 Taunt. 92; 4 Com. Law Rep. 31.)

The plaintiff had a verdict.

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The Court

refused the nonsuit without hearing the other side. (1 Greenleaf’s Ev. 153, § 184.) “ The want of a protest is excused by proof that the defendant requested, that in case of the dishonor of the bill, no protest should be made. (Story on Bills, § 275, 280; Chitty & Hulme on Bills 452; 2 Stark Ev. 270; 3 N. Hamp. Rep. 32, Barry vs. Morse; 8 Taunt. 92; 4 Com. Law Rep. 31.)

The plaintiff had a verdict.

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Bluebook (online)

4 Del. 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-bank-v-waples-delsuperct-1846.