Dunbar v. Tyler
Mississippi Supreme Court
Error to tbe circuit court of Adams county. Smiley, J. Tbe plaintiff in error assigned the following errors: 1st. The court erred in overruling the motion of tbe plaintiff in error for a new trial. 2d. Tbe court erred in giving the 1st, 3d, 4th, and 5th instructions asked for by tbe plaintiff below. 3d. Tbe court erred in refusing tbe 1st, 3d, 4th, 5th, 6th, 7th, 8th, and 9th instructions asked for by the defendant below.. 4th.
Read the full summary
Error to tbe circuit court of Adams county. Smiley, J. Tbe plaintiff in error assigned the following errors: 1st. The court erred in overruling the motion of tbe plaintiff in error for a new trial. 2d. Tbe court erred in giving the 1st, 3d, 4th, and 5th instructions asked for by tbe plaintiff below. 3d. Tbe court erred in refusing tbe 1st, 3d, 4th, 5th, 6th, 7th, 8th, and 9th instructions asked for by the defendant below.. 4th. And for other errors to be assigned on the argument, If a drawer has a right to draw in consequence of engagements between himself and the drawee, or in consequence of…
1Opinion of the Court
SlMRALL, J.:
This suit was brought by Albert G. Tyler, as the endorsee of a bill of exchange against Albert W. Dunbar, as drawer. The bill was dated, Natchez, April 7th, 1862, payable six months after date, to the order of W. A. Britton & Co., and. addressed to R,. Nugent & Co., New Orleans, La., and by them accepted. The city of New Orleans was captured by the United States forces, May 1st, 1862. No demand of payment was made at maturity, nor was any made after the close of- the war. The questions arise on the liability of Dunbar, as drawer of the bill. The contract of- the drawer is…
2Cases cited4 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
- Hopkirk v. PageU.S. Circuit Court for the District of Eastern Virginia · 1822
- Schofield v. BayardNew York Supreme Court · 1830