51 Me. 429 | Me. | 1863
The opinion of the Court was drawn up by
Is the instrument declared on negotiable, so that an action may be maintained upon it in the name of an indorsee against either of the prior parties ? What constitutes a negotiable draft ? It must be a written order from one party to another for the payment of a sum certain of money only, and that absolutely and without contingency to a third party or his order or bearer.
It has often been held that a bill or note payable out of a particular limited fund is not negotiable, but there is a difference between making the money payable out of a particular fund, and a mere reference to the fund in the draft to call the attention of the drawee to his means of reimbursement.
In this case, the order requires the drawees to pay to the order of Gr. F. & C. W. Tilden the sum of forty dollars, absolutely and without contingency. A means of reimbursement is indicated to the drawees in the words appended, " and charge the same against whatever amount may be due me for my share of fish,” &e., but the payment of the order is not made to depend upon his having any share of fish, nor is the call limited to the proceeds thereof.
In Reeside v. Knox, 2 Wheaton, 253, cited by defend
According to the agreement of the parties,
The case is to stand for trial.