Carson v. Russell & Schott
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. This suit was instituted August 8th, 1855, by George P. Russell and Wm.
Read the full summary
Error from Washington. Tried below before the Hon. R. E. B. Baylor. This suit was instituted August 8th, 1855, by George P. Russell and Wm. Schott, the defendants in error, against the' plaintiffs in error, John Q. Wallis and Barbara Carson, administrator and administratrix of the estate of D. B. Carson, deceased, on the following bill of exchange: “ Draft $690 13. ■ Philadelphia, Feb.' 8th, 1854. “ Ninety days after date, pay to the order of Bussell & Schott six hundred and ninety dollars and thirteen cents, and charge the same to account of D. B. Cabsoít. “ To Messrs. Odenheim & Cook,…
1Opinion of the Court
Wheeler, G. J.
The bill being payable at a certain period after date, it was not necessary to present it for acceptance. It was the right of the holder to do so, and thus, in case of acceptance, obtain the additional security of the acceptor, or, in case of refusal, fix the liability of the drawer immediately;* If he did not choose to exercise his right of presenting the bill for accept*456anee, he was bound to present it for payment when due. But if, upon presentment for acceptance, the bill was dishonored by the refusal of the drawee to accept, no presentment or demand for payment was necessary.…
2Cited by3 opinions
- Johnson v. BlountTexas Supreme Court · 1877
- Forrest v. RawlingsTexas Supreme Court · 1872
- Harvey v. Nelson, Lanphier & Co.Supreme Court of Louisiana · 1879