Stebbins v. Union Pacific Railroad
Wyoming Supreme Court
ERROR to the District Court of Laramie County. The facts are stated in the opinion. The three orders sued on in this case were partly paid by the defendant, who had funds in its possession to pay the balance, and the orders themselves were marked or stamjoed paid by the defendant’s stamp, and retained by the defendant.
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ERROR to the District Court of Laramie County. The facts are stated in the opinion. The three orders sued on in this case were partly paid by the defendant, who had funds in its possession to pay the balance, and the orders themselves were marked or stamjoed paid by the defendant’s stamp, and retained by the defendant. This action constituted an acceptance of the orders, and an acknowledgment by the defendant, that by taking the orders it was bound to pay the holder thereof the sum of $187.85, the-amount of funds in defendant’s possession, and the only excuse or defense which defendant could…
1Opinion of the Court
Peck J.
Stebbins, Post & Co., sued. Their petition alleged that Oyster, Chamberlain and Puller each drew a bill of exchange for $70, on the defendant, in favor of the plaintiff, the bills being severally dated December 22, and 31, 1876, and January 3, 1877; that on the 20th of the same January they were accepted by the defendant, and a part of their amount then paid; that a balance of $95 remained unpaid, for which, and interest from that date, the defendant was indebted to the plaintiffs. The general denial was pleaded. The case was tried in a district court without a jury, and judgment…
2Cited by1 opinion
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