BY THE COURT. — It is clear that the bill was neither paid nor received in satisfaction of the precedent debt, but upon the condition of its being honored: it has not been honored; consequently, the parties are in the same situation, as if it had never been drawn; and the Plaintiff (who was, in fact, agent for the drawer, and to receive the money as his servant) cannot be entitled to recover damages. See 1 Shower 163. Debers and al. v. Harriot. The same point was determined...
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