The American Law Journal and Miscellaneous Repertory (Volume 1 ) - Softcover

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1808. Excerpt: ... and bonds, and also landed security to satisfy M'-Kim. He also told Owings he had deposited 1625 dollars in the hands of Smith. and Steene to pay his creditors in Baltimore, and showed their receipt; adding, at the same time that he owed the defendants nothing. Owings then proposed to take Brown's draft on the defendants for the whole amount. This, however, he refused to do, but gave the draft on the 12th April 1805, for 1000 dollars, and delivered the receipt to Owings. On the 16th April, Owing having left Chilicothe, and arrived at New Lancaster, forwarded the draft and receipt to the plaintiff at Baltimore. On the same day, the 16th, Brown wrote to the defendants from Chilicothe, expressing a wish that they would pay the draft, but without appearing to be certain they would do so; because he knew he was indebted to them, and seemed to suppose it probable they would hold the money to satisfy their ewn claim. Owings knew nothing of the contents of this letter, for he had been told by Brown that he was not indebted to the defendants. On the 30th April, the plaintiff presented the draft for payment, which was refused; but it does not appear whether Brown's letter to the defendants was received before or after the draft was presented; nor is it deemed to be material in deciding the case. Upon this statement of facts the plaintiff's counsel moved (he court to direct the jury, that the receipt given bv the de i fendants under date of the 8th February 1805, amounts in law to an acceptance of the draft subsequently given by Brown on (hem in favour of the plaintiff. Nicholson, C.J. absent Hollingsworth and Jones, Justices. The usual method of accepting a draft or bill of exchange is, by the drawee's writing and signing the acceptance on some part of the bill; bu...