Kinney v. Lee
Texas Supreme Court
Error from Galveston. Lee brought suit against Kinney & Aubrey, as acceptors, and Newell, as indorser, of' a certain draft or order of the following tenor: “Messrs. Aubrey & Kinney — Gentlemen—8941. Please pay to IVni. L. “1-Iurd, out of proceeds of cattle to be sold my account, the sum of nine hundred “and forty-one dollars, when the same shall be received by you, and charge “ tlie same to account of, respectfully, “Tour obedient servant, STEWART NEWELL.
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Error from Galveston. Lee brought suit against Kinney & Aubrey, as acceptors, and Newell, as indorser, of' a certain draft or order of the following tenor: “Messrs. Aubrey & Kinney — Gentlemen—8941. Please pay to IVni. L. “1-Iurd, out of proceeds of cattle to be sold my account, the sum of nine hundred “and forty-one dollars, when the same shall be received by you, and charge “ tlie same to account of, respectfully, “Tour obedient servant, STEWART NEWELL. “ City of Aranzas, October 2d, 1840.” which was indorsed by tlie payee, without recourse. The draft was made part of tlie petition, and in…
1Opinion of the CourtLipscomb, J.
The bill sued on in this ease is not valid as a bill of exchange, because id is to be paid out of tlie proceeds of cattle, to be sold on account of the drawer, when they should lie received the drawees; and it is not certain whether there ever would be a sufficient amount received to pay the bill. *79(See Story on Bills of Exchange, sec. 48.) The bill having been accepted, as a general am-plance, did not impart validity to it as a hill; it only made the acceptors liable according to the terms oE the draft on its face; and, to make the acceptors liable on their acceptance, it must he. shown that…
2Cited by13 opinions
- Hagenauer v. Detroit Copper Mining Co.Arizona Supreme Court · 1912
- Baker v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1916
- Kauffman v. WootersTexas Supreme Court · 1890
- Medford v. Red River CountyCourt of Appeals of Texas · 1935
- Reclamation Co. v. SimmonsCourt of Appeals of Texas · 1927
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