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INGRAHAM v. GIBBS

2 U.S. 134 (____)

2 Dall. 134

INGRAHAM, Indorsee v. GIBBS, et. al.

Supreme Court of United States.

Attorney(s) appearing for the Case

After a defense on the merits, Dallas, for the defendant.

BY THE COURT: — The objection is, in our opinion, fatal to the action. The act of Schenkhouse, in re-delivering the bill to the drawer, and desiring a remittance for the goods, must operate as a legal extinguishment of the bill. It was sent by the defendants as payment; Schenkhouse refused to receive it in that light; and, accordingly, returned it to the drawer. From that moment the bill was, in effect, cancelled; and Schenkhouse...

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