Morrison v. Bailey
Ohio Supreme Court
Reserved in the Cuyahoga county, on a motion for new trial. This suit was brought on the instrument set out in the opinion of the court.
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Reserved in the Cuyahoga county, on a motion for new trial. This suit was brought on the instrument set out in the opinion of the court. On the trial in the District Court, which was at the October term thereof, 1854, the intervention of a jury was waived, and the cause submitted to the court, on the issue joined, upon the following agreed statement of facts: . It is agreed between the parties that the evidence consists of the instrument signed by said Bailey, and drawn on Wicks, Otis & Brownell, for the payment of $300 to Burgess or order, on the 13th of July, 1853, dated Cleveland, Ohio,…
1Opinion of the CourtBartley, J.
This suit was brought against Bailey, as drawer, and Burgess, as indorser, of a paper, of which the following is a copy:
$300. Cleveland, O., June 30th, 1853.
Wicks, Otis & Brownell: Pay to L. P. Burgess, on the 13th day of July, ’53, or order, three hundred dollars.
R. B. BAILEY.
Indorsed by L. P. Burgess.
The paper was presented to Wicks, Otis & Brownell, for payment, on the 16th day of July, 1853; payment refused, and notice of nonpayment given on that day.
It is claimed, on the part of the defense, that presentment was not made, and notice given, in due time. And the question for *17determination…
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