Harvey v. Troupe
Mississippi Supreme Court
In error from the circuit court of Lowndes county; Hon. Francis M. Rogers, judge. This was a suit founded on a bill of exchange drawn by the appellant in favor of the appellee, on Rhea & Sykes, of Mobile, for $1309.35, and accepted by them.
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In error from the circuit court of Lowndes county; Hon. Francis M. Rogers, judge. This was a suit founded on a bill of exchange drawn by the appellant in favor of the appellee, on Rhea & Sykes, of Mobile, for $1309.35, and accepted by them. William L. Harris, for plaintiff, proved that the bill was placed in his hands for collection, and to pay himself out of the proceeds a debt of about $900 due him by Troup; that the bill was never presented to the acceptor for payment, nor protested; that Harvey had a knowledge of these facts, and promised to pay the amount of his (Harris’) debt, and did…
1Opinion of the CourtChief Justice Smith
This was a suit upon a bill of' exchange, brought by the defendant in error against the drawer, in the circuit court of Lowndes county. There was a verdict and judgment for the plaintiff. A motion was made for a new trial and overruled, and the defendant filed a bill of exceptions to the decision of the court on the motion. The bill contains all the evidence which was offered on the trial.
The plaintiff offered no proof of notice to the drawer of the non-payment of the bill, but relied solely on the promise of the drawer to pay, made after the maturity of the bill, as a waiver of demand, and…
2Cited by4 opinions
- Salisbury v. Renick & PetersonSupreme Court of Missouri · 1869
- Shaw Bros. v. McNeillSupreme Court of North Carolina · 1886
- Brewer v. Automobile Sales Co.Mississippi Supreme Court · 1927
- Buckley v. BentleyNew York Supreme Court · 1865