Jordan v. Wheeler
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Suit by appellee, Jesse O. Wheeler, against appellant Charles H. Jordan, commenced December 12th, 1855, on defendant’s indorsement of the following bill of exchange.
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Suit by appellee, Jesse O. Wheeler, against appellant Charles H. Jordan, commenced December 12th, 1855, on defendant’s indorsement of the following bill of exchange. Ohio, Cincinnati, Sept. 8th, 1854. Bill of Exchange for f 100. At sight first of exchange (second unpaid) pay to the order of John Hussey, in current funds, one hundred dollars, value received, and charge to account of GEORGE MILNE & CO. To Benoirt, Shaw & Co., New Orleans, La. Said bill had been indorsed to Groesbeck & French, at San Antonio, in this State; by whom…
1Opinion of the CourtWheeler, J.
With respect to the time when a bill payable at sight should he presented for acceptance, in the absence of any determinate usage of trade, fixing a definite time, the only rule is that it must be presented within a reasonable time. (Chit, on Bills, 247; Story on Bills, Sec. 231.) And what will be a reasonable time must depend upon all the circumstances of each case. (Ib.) “ If (says Story) the bill is kept in circulation, and not held by any one holder, through whose hands it passes, an unreasonable time, it seems difficult to assign any particular time in which it ought to be presented for…
2Cases cited1 opinion
- Gowan v. JacksonNew York Supreme Court · 1822
3Cited by3 opinions
- Montelius v. CharlesIllinois Supreme Court · 1875
- Kirby v. CartwrightCourt of Appeals of Texas · 1907
- Angaletos v. Meridian National BankIndiana Court of Appeals · 1892