Legal Opinion

Covode v. Farmers' Bank

Ohio Supreme Court

Decided January 15, 1853Published

Error to the court of common pleas of Columbiana county, reserved in the district court for decision by the supreme court. The original action was assumpsit, for recovery against Lawson. & Covode, as endorsers of a bill of exchange, which is as follows: Wellsville, April 25, 1848. $4,000.00. Ninety days after date, pay to the order of Lawson & Covode, four thousand dollars, value received, and place the same to the account of Tours, etc., W. E. JORDAN.

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Error to the court of common pleas of Columbiana county, reserved in the district court for decision by the supreme court. The original action was assumpsit, for recovery against Lawson. & Covode, as endorsers of a bill of exchange, which is as follows: Wellsville, April 25, 1848. $4,000.00. Ninety days after date, pay to the order of Lawson & Covode, four thousand dollars, value received, and place the same to the account of Tours, etc., W. E. JORDAN. To J. Jordap. & Son, Pittsburgh, “ Pay to Farmers’ Bank of Salem, LAWSON & COVODE.” Accepted by J. Jordan & Son. The declaration counts upon…

1Opinion of the CourtBartley, J.

Several questions are presented by the assignment of errors; but it will be sufficient to notice the following:

1. Were Brooks and Dellenbough,” competent witnesses for the plaintiff, on the trial in the court below ?

2. Did the court err, in the charge to the jury, as to the sufficiency of the notice of the dishonor of the bill?

The first question involves the constructio'n to be given to the third section of the statute of March, 1850, to improve *the law of evidence, which provides that “ no person offered as a witness shall be excluded by reason of his or her interest in the event of the…

2Cases cited12 opinions

  1. United States v. BarkerSupreme Court of the United States · 1827
  2. President of the Bank of Alexandria v. SwannSupreme Court of the United States · 1835
  3. Lenox v. RobertsSupreme Court of the United States · 1817
  4. Whitwell v. JohnsonMassachusetts Supreme Judicial Court · 1821
  5. Mead v. EngsNew York Supreme Court · 1826

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