Gale v. Lancaster
Mississippi Supreme Court
Error to the circuit court of Yazoo county. Suackel-FORD, J. Plaintiff in error assigned the following errors : 1st. Because said check or draft sued on, had nine months from January 24th, 1861, to run, and was due October 28th, 1861, including three entire-days of grace, and was protested for non-payment (it being excepted) on October 26th, 1861, two days prematurely, as shown by the notary’s certificate of record, and hence plaintiff had no right of action against the…
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Error to the circuit court of Yazoo county. Suackel-FORD, J. Plaintiff in error assigned the following errors : 1st. Because said check or draft sued on, had nine months from January 24th, 1861, to run, and was due October 28th, 1861, including three entire-days of grace, and was protested for non-payment (it being excepted) on October 26th, 1861, two days prematurely, as shown by the notary’s certificate of record, and hence plaintiff had no right of action against the drawer for non-payment, and the verdict and judgment was erroneous and invalid. 2d. Because it was error to allow a “…
1Opinion of the Court
SlMRALL, J.:
Suit was brought by Lancaster against Gale, as the drawer of a bill of exchange. On the plea of the defendant, denying the allegations of the declaration, the cause was referred to the jury.
There is nothing before us, except such matter as constitutes the original record. Nothing was brought into it by bill of exceptions.
The objection made here, is, that the bill of exchange was presented for payment, and protested before it was due. If this be so, the drawer would be discharged.
We have nothing before us except the pleadings, writ, verdict and judgment.
What may have been the…
2Cases cited1 opinion
- Lessee of Croghan v. NelsonSupreme Court of the United States · 1845
3Cited by6 opinions
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- Lemon v. Mississippi Transp. Com'nMississippi Supreme Court · 1999
- Hamer v. RigbyMississippi Supreme Court · 1887
- Panola County Bank v. J. O. Nessen Lumber Co.Mississippi Supreme Court · 1918
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