53 Ark. 519 | Ark. | 1890
From a judgment by default rendered against the appellants as drawers of a foreign bill of exchange, this appeal is prosecuted.
It is contended that the allegations of the complaint do not disclose a cause of action, for the reasons, (1) that it appears that the draft was presented for payment prematurely; (2) that it is not alleged that notice of dishonor was given to the appellants.
The bill which was filed with the complaint as the basis ■of the action is as follows:
$562.50. Cherry Valley, Ark., March 15, 1888.
At sight pay to the order of Sparks & Mitchell five hundred and sixty-two and t5^ dollars, value received, and charge to account of Wards & Dudley.
To B. F. Pratt & Co., Kansas City, Mo.
Across the face is written “Protested for non-payment, March 19, 1888. Edwin C. Meservey, Notary Public.”
It bears the following endorsements:
“Sparks & Mitchell.”
“For deposit only with Union Planters Bank, Memphis, Tenn., for account of Hill, Fontaine & Co.”
The complaint is as follows:
“The plaintiffs, for cause of action herein against the defendants, state that they are indebted to them in the sum of five hundred and sixty-two dollars and fifty cents, evidenced by their certain draft, dated at Cherry Valley, Arkansas, March 15, 1888, and due at sight, and drawn onB. F. Pratt & Co., Kansas City, Mo., and which was duly presented for payment to B. F. Pratt & Co. and payment refused, and which was protested for non-payment March 19, 1888. The original draft is hereto attached and made a part of the complaint. Wherefore, the premises considered, plaintiffs pray judgment for the amount of said draft and all costs.”
The judgment will be affirmed.