Ohio Life Insurance & Trust Co. v. McCague
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Brown county. The facts, as they appear from the pleadings, and the bill of exceptions, are substantially as follows: On the 25th day of October, 1847, the Ohio Life Insurance and Trust Company instituted the present action against Thomas McCague as drawer and indorser of a bill of exchange for six thousand dollars, drawn upon and accepted by Eli Collins, and protested for nonpayment.
Read the full summary
This is a writ of error to the Court of Common Pleas of Brown county. The facts, as they appear from the pleadings, and the bill of exceptions, are substantially as follows: On the 25th day of October, 1847, the Ohio Life Insurance and Trust Company instituted the present action against Thomas McCague as drawer and indorser of a bill of exchange for six thousand dollars, drawn upon and accepted by Eli Collins, and protested for nonpayment. The plea of the defendant was the general issue, to which he attached a notice of special matter, which he should offer in evidence, and which consisted of…
1Opinion of the CourtSpaldins, J.
There are really but two questions presented in this case for our consideration:
First. Was the notice of protest for non-payment transmitted with sufficient diligence and directness to the defendant ?
The bill matured and went to protest on the 19th of June, 1846. It was then in the hands of an agent of the plaintiff in the city of New York. Admit that agent to have been the actual cashier of the “ Trust Company.” He was then attending to an agency in the city of New York, and, so far as it concerned the bill in question, which was discounted at the bank in Cincinnati and sent to him in New…
2Cited by1 opinion
- B. & M. R. R. v. WendtNebraska Supreme Court · 1881