1 Smith & H. 320
Decided November 15, 1849
Indiana Supreme Court · decided 1849-11-15
Assumpsit, by Hazzard'against Goodwin, on the common counts. Pleas: Non assumpsit, payment, and set-off. Trial by jury, and judgment for 98 dollars and 21 cents in favor of the plaintiff. On the trial, there being a long list of open and unsettled accounts in evidence on the part of each party, the defendant introduced the following draft “Transportation of Mails. Post-Office Department. Draft No. 5043. To Samuel Hazzard, P. M. at New Castle, Indiana.
Decided 1849-11-15
¶1Held,
¶2that there was no error in excluding the first mentioned draft, as , it was no evidence of a demand, against the plaintiff unless he bad accepted it, or promised to pay it, and the evidence of Richard Goodwin was too vague to establish such an acceptance or promise.
¶3Held, also, that the instruction given was correct, the due bill being, in effect, payable on demand.
¶4Judgment affirmed, &e.