Ragsdale v. Franklin
Mississippi Supreme Court
IN error from the circuit court of Monroe county; Hon. F. M. Rogers, judge. The facts are contained in the- opinion of the court. The question is, whether a bill.drawn in this State, on a citizen of the State, and payable in Alabama, is a foreign bill. We say it is. The intent of the parties was to pay in Alabama; that was the designated place of performance; and the time and mode of payment, and rate of interest, were to be regulated by the laws of that State.
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IN error from the circuit court of Monroe county; Hon. F. M. Rogers, judge. The facts are contained in the- opinion of the court. The question is, whether a bill.drawn in this State, on a citizen of the State, and payable in Alabama, is a foreign bill. We say it is. The intent of the parties was to pay in Alabama; that was the designated place of performance; and the time and mode of payment, and rate of interest, were to be regulated by the laws of that State. A bill is foreign when made or payable abroad. Bayley on Bills, 21. Story says, “ a bill of exchange is foreign which is not governed…
1Opinion of the CourtJustice Fisher
delivered^ the opinion of the court.
This was an action of assumpsit in the circuit court of Monroe county, founded upon a bill of exchange drawn by Samuel J. Gholson of the town of Aberdeen, on Daniel W. Ragsdale of the same place, payable at the Bank of Mobile, Alabama, and by him accepted.
The court below instructed'the jury, that if they found the defendants liable on the bill, that the plaintiff was entitled to recover five per cent, damages on the amount thereof. This instruction is alleged to be erroneous, and presents the only question in the record for our consideration.
The point in…
2Cited by1 opinion
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