Foard v. Womack
Supreme Court of Alabama
Writ of error to the County Court of Sumter. This was an action of Assumpsit brought by the defendant in error, in the County Court of Sutnter, against.the plaintiff as the drawer of a bill of Exchange, for eight hundred and twenty-five dollars, addressed to Messrs. Turner & Lewis of Mobile, dated the 5th November, 1836, and payable twentyrsix days thereafter. The cause was submitted to a jury, who returned a verdict for the plaintiff below; on which judgment was rendered.
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Writ of error to the County Court of Sumter. This was an action of Assumpsit brought by the defendant in error, in the County Court of Sutnter, against.the plaintiff as the drawer of a bill of Exchange, for eight hundred and twenty-five dollars, addressed to Messrs. Turner & Lewis of Mobile, dated the 5th November, 1836, and payable twentyrsix days thereafter. The cause was submitted to a jury, who returned a verdict for the plaintiff below; on which judgment was rendered. On the trial, a bill of exceptions was taken to the ruling of the Court. From this, it appears that the bill of exchange,…
1Opinion of the CourtCollier, C. J.
— If the reasoning, and some of the conclusions of the learned Judge, who delivered the opinion of the Court in Hill v. Norris, 2 Stewt. & Porter’s Rep. 114, be regarded as authoritative, the instruction prayed by the plaintiff in error, should have be given to the jury. That case however, so far as applicable to the present, is opposed by the more recent adjudication of Shirley v. Fellows, Wadsworth & Co., 9 Por. 300. In the latter case the Cqurt says, “ if one draw's a bill, without having funds in the hands of the drawee, for a consideration passing to him, he is the real debtor in the…
2Cases cited2 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Commercial Bank v. HughesNew York Supreme Court · 1837
3Cited by3 opinions
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