Gwinn v. Roberts
Supreme Court of Arkansas
Error to Pope Circuit Court. The plaintiff in error commenced this action against the defendant before a Justice of the Peace, on the following writing: u Mr. Saugrain, Please let Mr. Chambers have thirty-two dollars and thirty-eight cents, in merchandize, in your store, and charge the same to my account, and oblige yours, this 30th of October, 1838. 11. M. Robekts.” Endorsed on the back of which is the following, viz: “ I assign the within order to Joseph Gwinn.
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Error to Pope Circuit Court. The plaintiff in error commenced this action against the defendant before a Justice of the Peace, on the following writing: u Mr. Saugrain, Please let Mr. Chambers have thirty-two dollars and thirty-eight cents, in merchandize, in your store, and charge the same to my account, and oblige yours, this 30th of October, 1838. 11. M. Robekts.” Endorsed on the back of which is the following, viz: “ I assign the within order to Joseph Gwinn. Elihu Chambers.” “I protest the within this 16th day of February, 1839. A. Saugrain.” On the trial before the Justice, Gwinn…
1Opinion of the CourtRingo, Chief Justice
The statute declares that the term, “ bill of exchange,” as used in this a<pt “shall be so construed as to include all drafts or orders drawn by one person on another, for (he payment of a sum of money specified therein.” From the least observation it will be perceived that the writing in question is neither a bill of exchange, draft, or order for the payment of a sum of money specified therein, because the drawee is not requested thereby to pay any sum of money whatever to the payee, or any other person. • The defendant simply requests Mr. Saugrain to let Mr. Chambers have merchandize, in…
2Cited by1 opinion
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