. Wimble v. Bayard was an action by the payee against the drawer of a bill for £10 drawn
in Boston, which had been dishonored by the drawee at New York in June 1754. The endorsee,
who had presented the bill, protested, and the payee paid him £12 2s. at New York.
In the Superior Court at the Feb. 1755 term, with Auchmuty and Fitch (but not Prat)
as counsel, the jury awarded the payee £12 8s., which would seem to be damages of
£2 (20 percent) and interest of 8s. (6 percent for eight months). SCJ Rec.
1755, fol. 22. Min. Bk. 69, SCJ
Suffolk, Feb. 1755, N–39. If this analysis is correct, it may be that the award was
based on the actual damages sustained by the payee in reimbursing the endorsee under
New York practice, which provided a 20 percent premium. See note 175
thus recognized the principle of a flat percentage recovery on a New York bill. Fitch
erred in his recollection of the actual figures in the case, but the clerks (text
at note 4 above) were probably correctly testifying as to the usual practice in Massachusetts.