Bryan v. Duff

The opinion -of the court was delivered by

Hoyt, C. J.

Respondent was indebted to one H. C. Taylor, and the Ainslie Lumber Company was indebted to him. In payment of his indebtedness to Taylor he drew an order, payable ninety days after date, on the said lumber company, which was accepted by it. Before it became due the lumber company became insolvent and the draft was not paid. This action was brought by the plaintiff as assignee of the said Taylor, the payee of the draft, to recover of the defendant as the drawer thereof.. It appears from the record that due notice of the dishonor of the…