Fromme v. Kaylor

Citations

• 30 Tex. 754

Syllabus

<p>Where K. was indebted to F. for a balance, and to pay it K. drew an order on H. & B. for so many pounds of cotton, to make him liable as drawer, it must be shown that the order was presented and payment refused, or else that he had no cotton in the hands of H. & E. when the order was drawn.</p> <p>The legal promise by the drawer was, that the drawees would pay the draft according to its tenor, or upon failure of payment, upon proper notice, pay it.</p> <p>The payee undertook to present the draft within a reasonable time, and to excuse not presenting it, he must he able to prove that the drawer had no cotton in the hands of the drawees, and that they would not have paid it. (Paschal’s Dig., Arts. 220, 229, Notes 283, 290.)</p>