Chambers v. Hill
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. James H. Bell. The appellee instituted this suit at the Fall Term, 1854, of the District Oourt of Austin county, against Joseph Chambers, the appellant’s intestate, upon a bill of exchange for $160, drawn ¿>y said Chambers on W. J. Hutchins, and bearing date December 18th, 1851. The draft specified no time of payment. The defendant demurred and pleaded payment. His demurrer was overruled.
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Appeal from Austin. Tried below before the Hon. James H. Bell. The appellee instituted this suit at the Fall Term, 1854, of the District Oourt of Austin county, against Joseph Chambers, the appellant’s intestate, upon a bill of exchange for $160, drawn ¿>y said Chambers on W. J. Hutchins, and bearing date December 18th, 1851. The draft specified no time of payment. The defendant demurred and pleaded payment. His demurrer was overruled. At the Fall Term, 1856, a mistrial was had, in consequence of the disagreement of the jury. The death of the defendant was. suggested, and his administratrix,…
1Opinion of the CourtWheeler, C. J.
The material question in the case is, whether the bill was duly presented for payment. No time of payment-being specified, the bill was payable on demand. (Byles on Bilis, 165.) And as respects the time when presentment for payment must be made, the rule is that it must be within a reasonable time after the bill h'as been received, depending on distance and other circumstances; otherwise, the drawer and indorsers will be discharged. (Ib., 163; Chit, on Bills, 354, 369, 379; Story on Bills, § 325.) What is a reasonable time, when there is no determinate usage of trade, must depend upon all the…
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