Sinclair v. Johnson

Action against the appellee by the appellant, as assignee of the following order, to wit:

“ Johnsonville, July 18th, 1876. “J. B. Wright: Please pay to D. L. Weight the sum of $160, amount "paid for mare to John Lucas.

'(Signed) “ George W. Johnson.”

The complaint charges that the order was given in consideration of an indebtedness of the drawer to the payee, that *528the drawee refused to accept, of which the drawer was notified. The defendant, the appellee, answered that he was never notified of the refusal of the drawee to accept the order, and that he had, when it was drawn and presented, funds…