Diversy v. Moor
Illinois Supreme Court
This action was assumpsit, brought to the Cook County Court of Common Pleas. The plaintiff, Daniel Moor, declared upon a bill of exchange, bearing date at Chicago, July 9,1857, drawn by Thomas W. Egan, upon the defendant, Michael Diversy, for two thousand dollars, at ninety days, payable to the order of the drawer. The declaration also contained the common money counts.
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This action was assumpsit, brought to the Cook County Court of Common Pleas. The plaintiff, Daniel Moor, declared upon a bill of exchange, bearing date at Chicago, July 9,1857, drawn by Thomas W. Egan, upon the defendant, Michael Diversy, for two thousand dollars, at ninety days, payable to the order of the drawer. The declaration also contained the common money counts. The defendant pleaded the general issue to the whole declaration, and to the special count upon said bill, the following-special plea And for a further plea in this behalf as to the said first count in the aforesaid…
1Opinion of the CourtBreese, J.
This case, in its main feature, differs not at all from the case of Cronise v. Kellogg, 20 Ill. R. 11, and must be determined in the same way. The courts in England and in .this country have uniformly held, that the acceptor of a bill of exchange becomes, by his acceptance, the principal debtor, even though his acceptance was for the accommodation of the drawer, he having no funds of the drawer in his hands, and not expecting any.
Debt will lie against him by the payee or endorser, where the bill expresses on its face to be for value received. Raborg et al. v. Peyton, 2 Wheaton, 385. And if…
2Cases cited5 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Townsley v. SumrallSupreme Court of the United States · 1829
- Raborg v. PeytonSupreme Court of the United States · 1817
- Grant v. EllicottNew York Supreme Court · 1831
- Anderson v. AndersonCourt of Appeals of Kentucky · 1836
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- Hardy v. RossAppellate Court of Illinois · 1879