Joseph v. Salomon
Supreme Court of Florida
Appeal from the Circuit Court for Jackson county. In December, 1880, the appellant, Isaac Joseph, brought his action against Julius Salomon in the Circuit Court in and for Jackson county, upon a bill of exchange drawn by Salomon at Marianna, Florida, upon J. W. Woolfolk at Columbus, Georgia, payable ten days after date, and dated December 4, 1881, in favor oí the “ Pioneer Stores,” and subsequently endorsed to the plaintiff and appellant.
Read the full summary
Appeal from the Circuit Court for Jackson county. In December, 1880, the appellant, Isaac Joseph, brought his action against Julius Salomon in the Circuit Court in and for Jackson county, upon a bill of exchange drawn by Salomon at Marianna, Florida, upon J. W. Woolfolk at Columbus, Georgia, payable ten days after date, and dated December 4, 1881, in favor oí the “ Pioneer Stores,” and subsequently endorsed to the plaintiff and appellant. The declaration alleges the making of the bill of exchange, its due endorsement by the payee to the appellant, the nonpayment of the bill when presented on…
1Opinion of the CourtJustice VanValkenburgh
The making of the bill as alleged in the declaration is admitted by the pleas, but the defendant claims that he is discharged from liability thereon because, he says, the bill was not protested for either non-acceptance or non-payment.
To this the plaintiff replies, first, by admitting that the bill was not protested, but says it was duly presented for acceptance and for payment, and that it was neither accepted nor paid ; of all of which defendant had notice.
Second. That when the bill was drawn defendant was largely indebted to the drawee, and had been notified not to draw on him.
Third. That…
2Cases cited6 opinions
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Buckner v. Finley & Van LearSupreme Court of the United States · 1829
- Wells v. WhiteheadNew York Supreme Court · 1836
- Benedict Hall & Co. v. DavisSupreme Court of Georgia · 1871
- State Bank v. HayesIndiana Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.