Pitts v. Jones (9 Fla. 519, 1861)

WALKER, J.,

delivered the opinion of the Court.

This was an action of assumpsit to recover the amount of a bill of exchange of which the following is a copy :

“ Messrs. E. A. Pearce & Son: Pay at sight to A. W. Jones or order,' one hundred and sixty-eight 32-100 dollars,, value received Dec, 19, 1857.

THOMAS J. PITTS.”

The declaration contains a count on this hill in the usual form, alleging presentment for acceptance, refusal to accept and notice. Also a second count for goods, wares, merchandize, &c.

The pleas are:

1st. That E. A. Pearce & Son did accept said bill when presented.

2d. That said bill was never presented for acceptance.

3d. That on the refusal of E, A. Pearce to accept, plaintiff did not give notice thereof to defendant..

4th. That said hill was never presented for payment.

5th. That plaintiff gave no notice to defendant of nonpayment.

6th. That defendant purchased the goods, &c., mentioned .in the 2d count as agent of E, A, Pearce & Son, of which plaintiff had notice,