Rand v. Hale
West Virginia Supreme Court
The declaration in this cause was tiled in the circuit court of Kanawha county, by Rand & Minsker, at June rules, 1865, against Charles F. Hale. It averred that the defendant had, on the 3d of May, 1861, in Charleston, drawn and made his bill of exchange requiring one “L. A. Rosen-miller, Treas., 172 Eighth Avenue, New York,” to pay to the order of the plaintiffs, 164 dollars and 60 cents, sixty days after date ■; that the bill was duly protested for want of payment.
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The declaration in this cause was tiled in the circuit court of Kanawha county, by Rand & Minsker, at June rules, 1865, against Charles F. Hale. It averred that the defendant had, on the 3d of May, 1861, in Charleston, drawn and made his bill of exchange requiring one “L. A. Rosen-miller, Treas., 172 Eighth Avenue, New York,” to pay to the order of the plaintiffs, 164 dollars and 60 cents, sixty days after date ■; that the bill was duly protested for want of payment. It was signed as follows: “Chas. F. Hale, Pres’t.” At a term of tbe court held in October, 1865, the defendant demurred to the…
1Opinion of the Court
Brown, President.
This wa3 an action of debt on a bill of exchange, and the only plea in the cause was a plea of payment.
*498And the first question to be determined is, whether in such case the plea confesses the cause of action as set forth in the declaration, or, in other words, admits the bill of exchange as described.
It is contended for the defendant that it does not, and that the plaintiff is bound notwithstanding to prove his ease by the production of the bill of exchange corresponding with that described in his declaration. It is'well settled that if the defendant had pleaded payment and…
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- Marion v. ChandlerWest Virginia Supreme Court · 1954
- Milam v. SettleWest Virginia Supreme Court · 1944
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