Nichols v. Blackmore
Texas Supreme Court
Appeal from Galveston. _ Tried below before the Hon. Peter W. Gray. Suit on a sight draft by the indorsees against the acceptors and drawer, Blackmore, the appellee, drew a draft on Powell & Ruthven, of Galveston, payable at sight to the order of Millner & Jefferson.
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Appeal from Galveston. _ Tried below before the Hon. Peter W. Gray. Suit on a sight draft by the indorsees against the acceptors and drawer, Blackmore, the appellee, drew a draft on Powell & Ruthven, of Galveston, payable at sight to the order of Millner & Jefferson. It was dated “ Fairfield,, Texas, March 30, 1859accepted by drawees—date of acceptance does not appear—and protested for non-payment on the 17th of May, 1859. The appellants, to whom the draft had been indorsed, brought this suit on the 11th day of June, 1859. Blackmore, the drawer, pleaded that the draft had not been presented…
1Opinion of the CourtBell, J.
This was a suit upon a draft, payable at sight, drawn in Fairfield, Freestone county, Texas, on the 30th day of March, A. D. 1859, on merchants in the city of Galveston. The draft was accepted by Messrs. Powell & Ruthven, upon whom it was drawn, but it is not shown by the statement of facts, at what time it was accepted by them. The draft was protested for nonpayment on the 17th day of May, 1859, and this suit was instituted on the 11th day of June, A. D. 1859.
The only question presented, is whether the holder of the draft used proper diligence in presenting it to the drawees for payment, or…
2Cited by2 opinions
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