Wood, Pinson & Hanks v. McMeans
Texas Supreme Court
Error from Anderson. Tried below before the Hon. Reuben A. Reeves. This was a suit by the plaintiffs in error against the defendant in error, as the executor of Lacy W. Dalton, deceased, commenced April 5th, 1858, on a draft, drawn in their favor by the said Dalton, on Fitzhugh Ward, on the 11th day of February, 1854; by which Ward was requested to pay to the plaintiffs $156.72, with interest from date, out of the proceeds of his (Dalton’s) cotton, when sold.
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Error from Anderson. Tried below before the Hon. Reuben A. Reeves. This was a suit by the plaintiffs in error against the defendant in error, as the executor of Lacy W. Dalton, deceased, commenced April 5th, 1858, on a draft, drawn in their favor by the said Dalton, on Fitzhugh Ward, on the 11th day of February, 1854; by which Ward was requested to pay to the plaintiffs $156.72, with interest from date, out of the proceeds of his (Dalton’s) cotton, when sold. This draft was presented to Ward for payment, on the 1st of May, 1854, and payment was by him refused. It was averred, on behalf of the…
1Opinion of the CourtWheeler, C. J.
The diligence prescribed by the statute, (Hart. Dig., Art. 2528,) to fix the liability of the drawer of a bill of exchange, or draft, is substituted for the diligence required by the law merchant. Consequently, where, by the law merchant, the drawer was not entitled to notice of the dishonor of the bill, the statutory diligence need not be observed. (Durrum v. Hendrick, 4 Texas Rep. 495.)
The drawer is not entitled to notice, by the law merchant, where he has no funds in the hands of the drawee; and no right to draw, or reasonable ground to expect that the bill will be accepted. Nor can he…
2Cases cited2 opinions
- Insall v. RobsonTexas Supreme Court · 1856
- Hogue v. SimsTexas Supreme Court · 1853
3Cited by8 opinions
- Smyth v. CaswellTexas Supreme Court · 1886
- Wren v. HowlandCourt of Appeals of Texas · 1903
- Thompson v. JohnsonTexas Supreme Court · 1898
- Woods-Taylor & Co. v. SmithCourt of Appeals of Texas · 1926
- Cruger v. LindheimCourt of Appeals of Texas · 1890
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