Cummings v. Kent
Ohio Supreme Court
Error to the District Court of Hamilton, county. . Bela C. Kent, the plaintiff in the original action, declared upon two bills of exchange of the tenor following: “ $1,565. New Albany, Ind., November 15, 1872. Ninety days after date of this, only of exchange, pay to the order of B. C. Kent, fifteen hundred and sixty-five dollars, without relief from valuation or appraisement laws, value received, and charge to account of E. Cummings. To Messrs.
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Error to the District Court of Hamilton, county. . Bela C. Kent, the plaintiff in the original action, declared upon two bills of exchange of the tenor following: “ $1,565. New Albany, Ind., November 15, 1872. Ninety days after date of this, only of exchange, pay to the order of B. C. Kent, fifteen hundred and sixty-five dollars, without relief from valuation or appraisement laws, value received, and charge to account of E. Cummings. To Messrs. Chamberlain, Mathers & Co., New Albany, Ind. Accepted, payable at 1st Nat. Bank, New Albany, Ind. Chamberlain, Mathers & Co.” There were due…
1Opinion of the CourtOwen, C. J.
If the trial court properly excluded the evidence offered by the defendant below to prove that it was agreed, at the time the bills of exchange in suit were drawn, that he was uot to be liable thereon as drawer, the judgment below should be affirmed.
The real issue tendered by the answer was that Kent took the bills of exchange in payment of the debt of $3,014.95 which was due from the defendant, Cummings, to him, and agreed to release the former from all liability for *95the same. A careful inspection of the answer fails to disclose any averment that Kent agreed to release Cummings from his…
2Cases cited17 opinions
- Martin v. ColeSupreme Court of the United States · 1881
- Forsythe v. KimballSupreme Court of the United States · 1876
- Specht v. HowardSupreme Court of the United States · 1873
- Davis v. RandallMassachusetts Supreme Judicial Court · 1874
- Woodward v. FosterSupreme Court of Virginia · 1868
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