Legal Opinion

Walker v. Stetson

Ohio Supreme Court

Decided December 15, 1862Published

Error to the district court of Cuyahoga county. The original action was brought in the court of common pleas of Cuyahoga county, by Stetson against Walker, to recover the amount of two bills of exchange.

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Error to the district court of Cuyahoga county. The original action was brought in the court of common pleas of Cuyahoga county, by Stetson against Walker, to recover the amount of two bills of exchange. The bills were drawn by Walker, at Cleveland, one on the 14th, and the other on the 15th of August, 1856, on John T. Gleason, No. 115 Chambers street, New York, payable to the order of Walker, at the Ocean Bank, in said city, three months after their respective dates, and were indorsed by Walker to-Stetson. The case went to the district court by appeal, and was therein tried to a jury, at the…

1Opinion of the CourtRanney, J.

The bills of exchange upon which this action was brought, were drawn and indorsed by the plaintiff in error. His liability upon them was conditional, and his obligation to pay them, depended upon their being duly dishonored and legal notice of such dishonor; unless, indeed, he had waived such diligence on the part of the holder. The bills were legally dishonored and properly protested, and notices for all ■the parties conditionally liable, were in due time forwarded to the defendant in error, a subsequent indorser of the bills. The right to recover was placed upon' two grounds: 1. That the…

2Cases cited8 opinions

  1. New Orleans v. United StatesSupreme Court of the United States · 1836
  2. Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
  3. President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
  4. Bank of Utica v. BenderNew York Supreme Court · 1839
  5. Bank of Geneva v. HowlettNew York Supreme Court · 1830

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