Kelley v. Few
Ohio Supreme Court
This is a writ of error to the Supreme Court for Muskingum county. The action before the court of common pleas was assumpsit, on a bill of exchange, which had been drawn by the defendant Kelley and Edmund H. Rix, made payable to Eew, the plaintiff.
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This is a writ of error to the Supreme Court for Muskingum county. The action before the court of common pleas was assumpsit, on a bill of exchange, which had been drawn by the defendant Kelley and Edmund H. Rix, made payable to Eew, the plaintiff. The plea of the defendant was the general issue non-assumpsit, to which was attached a notice setting out that the bill was drawn for the sole benefit of Rix; that Rix procured the signatures of Eew and Kelley to the bill for the purpose of securing payment of the same; that the drawer and payee were, and so understood it, at the time when the bill…
1Opinion of the CourtAvert, J.
The supreme court upon the circuit looked' upon the contract of the drawer and indorser of a bill of exchange as settled by the mercantile law, and as taking a. definite form, and bearing obligatory upon each party at the time of putting his name upon the. instrument. They applied to the case the rule, that parol evidence is inadmissible to control or alter such contract; and th.at a private agreement or understanding is at an end when the contract between the parties is reduced to writing. At an early day, by a decision-made in this court, in the case of Douglass v. Waddle, 1 Ohio Rep. 413,…
2Cases cited1 opinion
- Douglas v. WaddleOhio Supreme Court · 1824