Benjamin v. Tillman

OPINION OF

THE COURT.

This is an action of assumpsit, the general counts for money had and received, lent, &c., only, being contained in the declaration. The plaintiff offered, in evidence, a bill drawn by him, payable to Lansing, and accepted by defendant, but which did not contain the words “value received,” and, on that ground, it was objected to.

The question is, whether this bill is' evidence under the money counts. A bill, as well as a, note, is prima facie evidence for money had and received by the drawer or maker to the use of the holder; and, on acceptance, is evidence of money had and…