Joseph v. Salomon

Citations

• 19 Fla. 623

Syllabus

<p>1. The plaintiff filed six replications to the defendant’s plea. The defendant demurred to them all, the court sustaining the demurrer as to five of them, and overruling as to one : Held, That inasmuch as the five replications to which the demurrer was sustained contained nothing more as an answer to the plea than was contained in the one as to which the demurrer was overruled, the judgment sustaining the demurrer cannot be assigned as error.</p> <p>2. A bill of exchange drawn in Florida, payable in Georgia, the drawer being a resident of Florida, the drawee a resident of Georgia, and the payment to be made in Georgia, is a foreign bill.</p> <p>3. The general rule is, that where a notice of the non-acceptance or non-payment of a foreign bill of exchange is to be proved, a protest is indispensable, and the proof cannot be supplied in any other way.</p> <p>4. “Although the drawer has no funds in the hands of the drawee, yet, if he has a right to expect to have funds in the hands of the drawee to meet the bill, or if he has a right to expect the bill to be accepted by the drawee in consequence of an agreement or' arrangement with him, or if upon taking up the bill he would be entitled to sue the drawee, or any other party to the bill, then in every such case he is entitled to strict notice of the dishonor.” 9 Fla., 519.</p>