United States v. Barker

25 U.S. 559, 6 L. Ed. 728, 12 Wheat. 559, 1827 U.S. LEXIS 410

Opinion

Mr. Chief J ustice Marshal!,

delivered the opinion of the Court:

Thai whatever doubts might be entertained as to the charge of the Court below relating to the transactions in England, (which it has not been thought necessary to state,) in respect to the protest and transmission of the bills, we think there is none as to what took place after their arrival at the treasury of the United States. The (piestiou was, whether notice of the dishonour of the bills was transmitted to the party within the time prescribed by the general law in resp'ect to bills of exchange. The Court were of opinion, that there was negligence either at Washington or New-York, as to giving such notice; and that the notice actually given was too late to fix him with the responsibility. The letter from the treasury department giving the notice; was .either not sent in due course of mail to New-York, or there was negligence at New-York in not giving notice there as early as it should have been given, after the letter arrived at that city. Whether, therefore, the Judge erred or not, as to the first part of his charge, in respect to the transmission of the bills from England in a reasonable time, there was no doubt that the U idled States had no right to recover on account of the neglect in giving due notice after the return of the bills.

Upon, this ground, the judgment of the Circuit Cauri; was affirmed.