Walker v. Rogers
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of assumpsit commenced in the court below by Jefferson T. Rogers and Robert R. Jefferson, as indorsees, against Martin 0. Walker and James Moore, as drawers of two certain bills of exchange. Pending the suit, Jefferson and Moore died, and the cause proceeded in the names of the survivors, a trial resulting in a verdict and judgment for the plaintiff.
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Writ of Error to the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of assumpsit commenced in the court below by Jefferson T. Rogers and Robert R. Jefferson, as indorsees, against Martin 0. Walker and James Moore, as drawers of two certain bills of exchange. Pending the suit, Jefferson and Moore died, and the cause proceeded in the names of the survivors, a trial resulting in a verdict and judgment for the plaintiff. The defendant thereupon sued out this writ of error. The nature of the ease is fully developed in the opinion of the court.
1Opinion of the CourtJustice Lawrence
This was an action brought by the indorsee of two bills of exchange against the drawers, the acceptor having failed to pay. There is no proof of presentment for payment to the acceptor, at the maturity of the bills, nor of immediate notice of non-payment. It is insisted, however, by the defendant in error, that the drawers were not discharged by this loches of the holder, because, it is said, they had no funds in the hands of the acceptor. It appears, however, that the acceptor was indebted to the drawers, and this fact made it obligatory on the holder to present the bill at maturity. Such…
2Cited by6 opinions
- Simonoff v. Granite City National BankIllinois Supreme Court · 1917
- Schierl v. BaumelWisconsin Supreme Court · 1889
- First National Bank v. WineAppellate Court of Illinois · 1930
- Morehouse & Wells Co. v. SchwaberAppellate Court of Illinois · 1905
- Wing v. BeachAppellate Court of Illinois · 1889
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