Prewitt v. Chapman
Supreme Court of Alabama
Error to the Circuit Court of Mobile. This was an action of assumpsit by the defendant in error, as bearer of two bills of exchange against the plaintiff in^ error, as acceptor of one, and as drawer of the other. The declaration'contains two counts in the usual form, by the plaintiff as bearer, against the defendant as drawer and acceptor, and also the common counts — and upon the general issue, with notice of the set-off; the plaintiff had a verdict.
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Error to the Circuit Court of Mobile. This was an action of assumpsit by the defendant in error, as bearer of two bills of exchange against the plaintiff in^ error, as acceptor of one, and as drawer of the other. The declaration'contains two counts in the usual form, by the plaintiff as bearer, against the defendant as drawer and acceptor, and also the common counts — and upon the general issue, with notice of the set-off; the plaintiff had a verdict. From a bill of exceptions, it appears that the plaintiff offered in evidence, two instruments of writing, of the following tenor. Exchange for…
1Opinion of the CourtOrmond, J.
The question presented on the record is, whether the instruments, which are the foundation of the action, are negotiable, so as to permit the defendant in error to maintain an action thereon in his own name as bearer.
The instruments are, in all respects, formal bills of exchange, except that no persons are indicated therein as payees.
It is clear, that every bill of exchange should specify to whom it is payable, to enable the acceptor to discharge himself from liability by payment to the proper person ; and, indeed, on ■ general principles of law, it would be void for uncertainty. [Story on…
2Cases cited2 opinions
- Douglass v. WilkesonNew York Supreme Court · 1831
- Irwin v. Rankin, Pennsylvania Court of Common Pleas, Alleghany County1793
3Cited by4 opinions
- Rich v. StarbuckIndiana Supreme Court · 1875
- Branch Bank at Mobile v. FordSupreme Court of Alabama · 1848
- Gordon v. Lansing State Savings BankMichigan Supreme Court · 1903
- Sprague v. ZuntsSupreme Court of Alabama · 1850