Green & Co. v. Raymond Bros.
Nebraska Supreme Court
Error to the district court of York county. Tried below before Post, J. There is sufficient statement of the case in the opinion. 1. The act of accepting a bill of exchange is like the making and delivering of a promissory note; it is the execution of a promissory note, a contract by which the acceptor undertakes to pay the amount mentioned in the bill or in his acceptance to the payee according to the tenor of his acceptance.
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Error to the district court of York county. Tried below before Post, J. There is sufficient statement of the case in the opinion. 1. The act of accepting a bill of exchange is like the making and delivering of a promissory note; it is the execution of a promissory note, a contract by which the acceptor undertakes to pay the amount mentioned in the bill or in his acceptance to the payee according to the tenor of his acceptance. The mere drawing a bill is no contract with the acceptor. His contract is yet to be made, and when made, the acceptor is to be regarded as the maker of a promissory…
1Opinion of the CourtLake, J.
"Was the action below prematurely brought ? This is the first question, and the principal one, to be answered. It is only in the exceptional cases of fraud on the part of the debtor, mentioned in see. 237 of the code of civil procedure, Gen. Stat., 564, that an action can be properly commenced on a claim before it is due. This case is not within the exception. It was commenced on the 2d day of March, 1878, to recover upon two alleged causes of action: the first for the sum of $55.45, on an account for goods sold and delivered, and the second for the sum of $209.87, on a certain draft drawn by…
2Cited by4 opinions
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Raymond Bros. v. Green & Co.Nebraska Supreme Court · 1881
- Cox & Cornell v. Peoria Manufacturing Co.Nebraska Supreme Court · 1894
- W. & A. McArthur Co. v. Old Second National BankMichigan Supreme Court · 1899