Lawson v. Layton

Citations

• 27 Del. 91
• 4 Boyce 91
• 86 A. 105
• 1913 Del. LEXIS 17

Syllabus

<p>1. Bills and Notes—Unaccepted “Draft”—Action by Payee Against Drawee.</p> <p>A “draft”, before acceptance, is merely an order, and not a promise by the drawee to pay, and creates no obligation of the drawee to pay the payee, and so does not constitute a cause of action, cognizable by a justice of the peace, under Rev. Code 1852, amended to 1893, p. 740, c. 99, § 1, giving him jurisdiction of a cause of action arising from obligation, or express or implied promise or contract, for payment of money.</p> <p>2. Justices of the Peace—Jurisdiction—Confession of Judgment. Plaintiff having no cause of action within the jurisdiction of a justice of</p> <p>the peace, defendant’s confession of judgment confers no jurisdiction, so that judgment entered thereon is a nullity.</p>