Legal Opinion

Brower v. Rupert

Illinois Supreme Court

Decided April 15, 1860PublishedCited by 2 opinions

This was an action of assumpsit, brought by Rupert and Haines against Brower, and tried before Harriott, Judge, at the February term, 1860, of the Tazewell Circuit Court. The declaration contained four special counts.

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This was an action of assumpsit, brought by Rupert and Haines against Brower, and tried before Harriott, Judge, at the February term, 1860, of the Tazewell Circuit Court. The declaration contained four special counts. The.first count was upon a bill, drawn by defendant, in favor of the plaintiffs below, on J. W. McGee & Co., of Chicago, Illinois, for one thousand dollars, bearing date June 20,1859, payable thirty days after date, which was accepted by McGee & Co., alleging that the bill was duly presented to the acceptors when it became due, and payment refused, and that the defendant was…

1Opinion of the CourtWalker, J.

The record in this case fails to show a sufficient notice to the drawer, of a protest of these bills for non-payment, to support the averments in the special counts. But the law is well settled that the drawer may waive notice, or when he has no funds in the hands of the drawee at the maturity of the bill, a notice of protest is not required to fix his liability. Story on Bills, 75; Chit, on Bills, 325. When he has failed to provide funds to meet the bills, he can have no reason to suppose they will be honored, nor is there any necessity that he should have notice, as he has no funds in the…

2Cited by2 opinions

  1. Simonoff v. Granite City National BankIllinois Supreme Court · 1917
  2. Harney v. Estate of McCannAppellate Court of Illinois · 1912

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