Rogers v. Ware
Nebraska Supreme Court
This was a petition in error to a judgment rendered by the District Court for Douglas County, in fayor of the plaintiffs, for $3,299.40. It was an action upon a bill of exchange, of which the following is a copy: — “ Banking-House of J. A. Ware, Nebraska Citt, Nebraska, Aug. 2d, 1869. “ Pay to tlie order of ¥m. T. Allen three thousand dollars. (Signed) J. A. Ware, By H. N. Shewell. “ To Imp. & Tra. Nat. Bank, New York.” (Indorsed) “ Wm. T. Allen,” “ S. H. Fowler.”
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This was a petition in error to a judgment rendered by the District Court for Douglas County, in fayor of the plaintiffs, for $3,299.40. It was an action upon a bill of exchange, of which the following is a copy: — “ Banking-House of J. A. Ware, Nebraska Citt, Nebraska, Aug. 2d, 1869. “ Pay to tlie order of ¥m. T. Allen three thousand dollars. (Signed) J. A. Ware, By H. N. Shewell. “ To Imp. & Tra. Nat. Bank, New York.” (Indorsed) “ Wm. T. Allen,” “ S. H. Fowler.” The action was brought by Eliphas H. Rogers and Lucius H. Rogers, bankers at Fremont, in this State, to whom, in the usual course…
1Opinion of the Court
CjROÜNSE, Justice.
“ When one has done a mercantile act,” says Lord Ch. *42Baron Gilbert, “ he subjects himself to mercantile law.” Gilbert's Lex Prœtoria, 288; 3 Kent’s Comm., 79. This law declares, that when Ware signed and delivered to the person representing himself as Whiteman the bill of exchange drawn on the Importers’ and Traders’ National Bank of New York for three thousand dollars, payable to William T. Allen or order, he undertook, in the event of its dishonor, to pay that sum to Allen or his indorsees. Jac. Law Dic., title Bill of Ex., IV. By an equally familiar rule of mercantile…
2Cases cited5 opinions
- Coggill v. . the American Exchange BankNew York Court of Appeals · 1847
- Catlin v. . GunterNew York Court of Appeals · 1854
- Herrick v. WhitneyNew York Supreme Court · 1818
- Babcock v. UtterNew York Court of Appeals · 1864
- Morgan v. Bank of State of New YorkThe Superior Court of New York City · 1853
3Cited by5 opinions
- Ort v. FowlerSupreme Court of Kansas · 1884
- Kohn v. WatkinsSupreme Court of Kansas · 1882
- Tolman v. American National BankSupreme Court of Rhode Island · 1901
- Rowe v. PutnamMassachusetts Supreme Judicial Court · 1881
- Armstrong v. National BankOhio Supreme Court · 1889