Stone v. Smith
Texas Supreme Court
Appeal from Harrison. The case was tried before Hon. Charles A. Frazer, one of the district judges. The defendant below, Smith, sold to the plaintiffs a draft in the following words: “ $750. January 24, 1857. “At sight pay to the order of D. X. Smith or bearer $750, value received, and charge the same to account of “Wyly & Totty. “ To Messrs. Donovan, McLean & Co., “ New Orleans.”
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Appeal from Harrison. The case was tried before Hon. Charles A. Frazer, one of the district judges. The defendant below, Smith, sold to the plaintiffs a draft in the following words: “ $750. January 24, 1857. “At sight pay to the order of D. X. Smith or bearer $750, value received, and charge the same to account of “Wyly & Totty. “ To Messrs. Donovan, McLean & Co., “ New Orleans.” Smith did not indorse the draft, but there was an allegation, not proved, that he represented it to be good, and promised to refund the $750 paid for it should it be dishonored. It was presented and protested on the…
1Opinion of the CourtWillie, J.
It is assigned for error that the court below refused to give the following charge asked by the appellant: “If the defendant promised to pay the amount of the draft to the plaintiff after it was protested, and received the draft back with the knowledge of the fact that it was protested, he thereby waived the want of presentation within a reasonable time.” It is the well-settled doctrine of the English courts, and the weight of American authority is to the same effect, that a party to a bill of exchange, who has been relieved from responsibility thereon through *144failure of the holder to present…
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