Earnest v. Taylor
Texas Supreme Court
Appeal from Hays. Tried below before Hon. A. W.' Terrell, one of the district judges. This suit was brought by David Taylor, against William Earnest, upon a bill of exchange made at Hew Orleans, Louisiana, dated February the 16th, 1854, drawn on Benjamin F. Shields & Co., of said city, by the defendant, in favor of the plaintiff, payable at ten months, for the sum of $487 87. The plaintiff averred the acceptance by the drawees, their failure to pay, protest therefor, and due…
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Appeal from Hays. Tried below before Hon. A. W.' Terrell, one of the district judges. This suit was brought by David Taylor, against William Earnest, upon a bill of exchange made at Hew Orleans, Louisiana, dated February the 16th, 1854, drawn on Benjamin F. Shields & Co., of said city, by the defendant, in favor of the plaintiff, payable at ten months, for the sum of $487 87. The plaintiff averred the acceptance by the drawees, their failure to pay, protest therefor, and due notice thereof to the defendant. The defendant answered by a general denial, and by a special answer, averring want of…
1Opinion of the CourtRoberts, J.
—The payee of a foreign bill of exchange, accepted, and afterwards protested for non-payment, brought suit against the drawer, after two terms of the District Court had elapsed from the time of the maturity of the bill and protest, for non-payment.
Ho facts are alleged in the petition which excuse the holder from the exercise of diligence in giving the drawer notice of protest, such as want of funds in the hands of the acceptor, or thp like.
*39To hold the drawer responsible, under such circumstances, it was necessary that the holder should have given the maker due notice of the protest for…
2Cases cited1 opinion
- Thatcher v. MillsTexas Supreme Court · 1855
3Cited by7 opinions
- Hudson v. StateTexas Supreme Court · 1874
- Perry v. StateTexas Supreme Court · 1876
- United States v. MeagherU.S. Circuit Court for the District of Western Texas · 1888
- Williams v. StateCourt of Criminal Appeals of Texas · 1921
- United States v. LewisU.S. Circuit Court for the District of Western Texas · 1901
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