Case v. Hawkins
Mississippi Supreme Court
Error to tbe Circuit Court of Copiah County. Hon. Uriah Millsaps, Judge. This is an action of assumpsit by F. F. Case, receiver of the Crescent City Bank of New Orleans, La., against Benjamin K. Hawkins, on a draft for |2,700, dated New Orleans, March 16, 1861, drawn on S. H. Aby by said Hawkins, payable to the order of the drawer, and by him indorsed in blank, and accepted by Aby.
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Error to tbe Circuit Court of Copiah County. Hon. Uriah Millsaps, Judge. This is an action of assumpsit by F. F. Case, receiver of the Crescent City Bank of New Orleans, La., against Benjamin K. Hawkins, on a draft for |2,700, dated New Orleans, March 16, 1861, drawn on S. H. Aby by said Hawkins, payable to the order of the drawer, and by him indorsed in blank, and accepted by Aby. The facts are that the draft was drawn and indorsed by-Hawkins for the accommodation of Aby, without consideration, and delivered to Aby, who wrote his acceptance on the draft, and negotiated and sold it to the…
1Opinion of the CourtCampbell, J.
The acceptor of the bill of exchange was the party primarily liable for its payment, and while the holder had the right to look to all the parties to the bill as equally liable to him, the drawer and indorser (Hawkins) was, as between himself and the acceptors, a mere surety; and while it is true that a discharge of the principal by the act of the law from the claim of the creditor will not operate to discharge the surety, a release of the principal by the act of the creditor will discharge the surety. The bill of exchange was merged in the judgment obtained upon it in the Fifth District…
2Cited by4 opinions
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