Blood v. Northup
Supreme Court of Kansas
The facts in the case fully appear in the opinion of the Court. I. The ruling of the Court below on the demurrer was erroneous, because’ 1. The writing sued upon is not negotiable by the law merchant. (Chitty on bills 188 and cases cited.) 2. The receipt is payable in “current funds.” To be negotiable, it should be payable in money. (Chitty on bills, p. 595, 12th ed.; 4 Mass. R. 245; 5 Cow.
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The facts in the case fully appear in the opinion of the Court. I. The ruling of the Court below on the demurrer was erroneous, because’ 1. The writing sued upon is not negotiable by the law merchant. (Chitty on bills 188 and cases cited.) 2. The receipt is payable in “current funds.” To be negotiable, it should be payable in money. (Chitty on bills, p. 595, 12th ed.; 4 Mass. R. 245; 5 Cow. R. 186; 10 Serg. and Raiole 94; 3 Blackford 153; 14 Peters.) 3. The words, “ current funds,” qualify the promise, in that the defendant below promised to pay only such funds as should be current, at the…
1Opinion of the Court
By the Court,
Bailey, J.
Petition in error to reverse the judgment of the United States District Court for the Second Judicial District of Kansas Territory, sitting in ,the county of Douglas for the trial of causes arising under the laws of said Territory, at the October term, 1859.
The original action was brought by the defendants in. error in the Court below upon the following certificate or memorandum in writing, viz.:
“$649.79. Received, Lawrence, May 29, 1857, of Wilson Bennett, six hundred and forty-nine and seventy-nine one hundredth dollars, payable to his order, on return of this…
2Cases cited7 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Lacy v. Holbrook, Bowman & Co.Supreme Court of Alabama · 1842
- Farwell v. WhiteSupreme Court of Missouri · 1842
- Keith v. JonesNew York Supreme Court · 1812
- Finney v. ShirleySupreme Court of Missouri · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Deming Investment Co. v. WallaceSupreme Court of Kansas · 1906
- Casten v. KreipeSupreme Court of Kansas · 1928