Purcell v. Allemong
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Frederick county, brought in 1865, by Edgar E. Purcell against John Allemong & Son, partners, to recover the amount of a check drawn by the defendants upon the Farmers Bank of Virginia at "Winchester for $911.87, payable to Purcell or order, and dated February 11th, 1862. The defendants pleaded “ non assumpsit,” on which issue was joined ; and the parties waiving a jury, submitted the whole matter of law and fact to the…
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This was an action of assumpsit in the Circuit court of Frederick county, brought in 1865, by Edgar E. Purcell against John Allemong & Son, partners, to recover the amount of a check drawn by the defendants upon the Farmers Bank of Virginia at "Winchester for $911.87, payable to Purcell or order, and dated February 11th, 1862. The defendants pleaded “ non assumpsit,” on which issue was joined ; and the parties waiving a jury, submitted the whole matter of law and fact to the decision of the court. It appears that the plaintiff, Purcell, lived about twenty-six miles from Winchester, on the…
1Opinion of the CourtAnderson, J.
A check is an inlaud bill of exchange drawn on a bank, or other house of deposit. The drawer undertakes that the bank will pay to the payee or holder the sum named in the check ; and the payee having received the check the drawer is not liable to pay it, if he drew it in good faith, until the holder has demanded and failed to obtain payment from the bank upon which it was drawn. If the bank refuses to pay, the holder, as-a general rule, has no right of action against it, but must look to the drawer for payment. But the drawer may have his action against the bank, for refusing to honor his…
2Cited by6 opinions
- Cox v. BooneWest Virginia Supreme Court · 1875
- Industrial Trust, Title & Saving Co. v. WeakleySupreme Court of Alabama · 1893
- Compton v. GilmanWest Virginia Supreme Court · 1882
- Thornburg & Sons v. EmmonsWest Virginia Supreme Court · 1883
- Myers v. Commercial BankMissouri Court of Appeals · 1897
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