Legal Opinion

Tevis v. Young

Court of Appeals of Kentucky

Decided July 17, 1858PublishedCited by 70 opinions

CASE 37 — PETITION ORDINARY APPEAL FROM SHELBY CIRCUIT COURT. The facts appear in the opinion of the court. 1. No action can be maintained on the instrument as a bill of exchange. To constitute a valid bill of exchange there must be a drawer. The acceptor must know, when he pays the money, to whose account he is to charge the amount.

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CASE 37 — PETITION ORDINARY APPEAL FROM SHELBY CIRCUIT COURT. The facts appear in the opinion of the court. 1. No action can be maintained on the instrument as a bill of exchange. To constitute a valid bill of exchange there must be a drawer. The acceptor must know, when he pays the money, to whose account he is to charge the amount. (1 Bou-vier's Institutes, 456, 460; Levi on Mercantile Law, 84 Law Library, 176; Bylcs on Bills of Exchange, 61 Law Library, 53, 250; 3 Kent, 8th edition, 92; Story on Bills of Exchange, 45; Stoessiger vs. South Eastern Railroad Company, decided by Queen's Bench,…

1Opinion of the Court

JUDGE DUVALL

delivered the opinion op the court. (Judge SIMPSON dissenting.)

Young brought this action against Tevis as the indorser, and Rogers as the acceptor, of a bill of exchange. The following is the instrument sued on:

“$1,500. Shelbyville, August 31, 1853.
“Six months after date, pay to the order of John Tevis fifteen hundred dollars, value received, and charge yours,
“ To W. G. Rogers, Shelbyville.”

*200The acceptance of Rogers appears in the usual form, written across the face of the paper, and on the back is indorsed the-name of “John Tevis” in blank.

Rogers made no defense to the action.

Tevis…

2Cited by70 opinions

  1. Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
  2. Cowie v. StrohmeyerWisconsin Supreme Court · 1912
  3. Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
  4. Bonnemort v. GillMassachusetts Supreme Judicial Court · 1897
  5. Shores v. HooperMassachusetts Supreme Judicial Court · 1891

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