Stebbins v. Union Pacific Railroad

Citations

• 2 Wyo. 71

Syllabus

<p>Bills of Exchange. — Orders for the payment of money, not payable absolutely, but out of an alleged indebtedness, and not payable to order or for a sum certain, are not bills of exchange.</p> <p>Acceptance : Paymastek, Railway Company. — Tbe office of a travelling paymaster of a railway company, is simply to pay tbe indebtedness specified upon tbe roll; the roll limits bis authority, and he has no power to contract for his principal; he cannot accept orders drawn upon it.</p> <p>Laches. — As between two innocent parties, that one who has been guilty of laches must suffer the wrong of a third.</p> <p>Payment : Cohsidekation : Mistake. — Money paid by one party to another, without consideration and by mistake, becomes so much money received by him, to the use of the party paying, for which he is accountable on demand.</p>