Blum v. Bidwell
Supreme Court of Louisiana
PPEAL from the Third District Court of New Orleans, Fellowes, J. * * “A bill of exchange is presumed to be drawn on funds, with the understanding b< tween drawer and drawee, that it is an appropriation of the funds of the former in the hands of the latter, and acceptance is an admission that it was so drawn, and of such a relation between the parties.”
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PPEAL from the Third District Court of New Orleans, Fellowes, J. * * “A bill of exchange is presumed to be drawn on funds, with the understanding b< tween drawer and drawee, that it is an appropriation of the funds of the former in the hands of the latter, and acceptance is an admission that it was so drawn, and of such a relation between the parties.” Parson’s Notes and Bills, vol. 1, p. 323. It seems to have been held that the mere fact of acceptance is sufficient proof of a right to draw, or a right to expect that the bill would be honored, although the drawer may have no funds. Parson’s…
1Opinion of the CourtLabauve, J.
The appellant is sued upon a bill drawn by him, dated 4th of July, 1863, on Thomas Reddington, of Brownsville, Texas, for $1,000, and payable on demand.
The plaintiff alleges that he resides in New Orleans; that said draft was presented to said Thomas Reddington, time and again, in Brownsville, shortly after it was drawn, and he verbally accepted the same, and has repeatedly since said date, and at other times and places, promised to pay said draft as an accommodation acceptor; that he did not cause the said draft to be protested for non-payment, because the drawer had no funds in the hands of…
2Cases cited2 opinions
- Donelson v. PolkCourt of Appeals of Maryland · 1886
- Greenfield v. Yeates ex rel. Directors of the PoorSupreme Court of Pennsylvania · 1828