Everett v. Tidball & Fuller
Nebraska Supreme Court
Error to the district court for Cass county. Tried below before Chapman, J. The court erred in suppressing the depositions. (Abies v. Miller, 12 Tex., 109; Waite v. Teeters, 36 Kan., 606; Cook v. Blair, 50 la., 128; Frink v. Potter, 17 111., 406; Johnson v. Sargeant, 42 Vt., 195; Gilly v. Singleton, 3 Litt. [Ky.], 250.) The bill of exchange is not payable to bearer, but to order, and title could only pass by indorsement of pi’oper person.
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Error to the district court for Cass county. Tried below before Chapman, J. The court erred in suppressing the depositions. (Abies v. Miller, 12 Tex., 109; Waite v. Teeters, 36 Kan., 606; Cook v. Blair, 50 la., 128; Frink v. Potter, 17 111., 406; Johnson v. Sargeant, 42 Vt., 195; Gilly v. Singleton, 3 Litt. [Ky.], 250.) The bill of exchange is not payable to bearer, but to order, and title could only pass by indorsement of pi’oper person. (Nicholson v. Barnes, 11 Neb., 455.) Thos. E. Hall does not indorse it as the agent of Hall & Co., but as an individual. (Nicholson v. Barnes, 11 Neb.,…
1Opinion of the Court
Maxwell, Ch. J.
This action was brought upon a draft, of which the following is a copy:
*805“$200. Hall & Co., Kansas City, Mo.
“Weeping Water, Nov. 8, 1889.
“ May 1st after date pay to the order of Thos. E. Hall $200, with exchange, and ten per cent interest from date if not paid when due, value received, and charge to the account of Hall & Co.
“By Thos. E. Hall.
“To E. E. Everett, Weeping Water, Neb.”
This was accepted by Everett, the acceptance being stamped upon the face of the draft, and signed by Everett. The original draft is before us, and in view of the character of the defense the stamp mark…
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