Hopps v. Savage

Miller, J., delivered the opinion of the Court. This suit was brought by Savage as endorsee, against William Hopps trading as “Win. Hopps & Co.,” as acceptor of a draft or bill of exchange. The declaration also contains the common money counts.

The case was tried before a jury on issue joined to the plea of non assumpsit, and the verdict and judgment were in favor of the plaintiff. .The draft as it appeared when offered in evidence at the trial and when it was sued on, is as follows: “Accomac C. H., Va., October 22nd,-’87. “ Thirty days after date pay to order of myself one hundred and fifty dollars ($150.00) and charge same to my ac.” “Fred Waddy.” ⁵¹⁷ It was addressed to “ Wm. ITopps, 210 Spear’s Wharf, Baltimore,” and written across its face was “Accepted. Wm. Hopps & Co.,” and it Avas endorsed “ Pay the within order to D. Savage.” “Ered Waddy.” At the trial the defendant by himself as a witness, offered evidence tending to shorv that he wrote the draft himself, and accepted it without Waddy’s name being signed to it, and gave it to Waddy to be used, in payment of a debt of $150 balance due on a bay horse for which Waddy had traded a mare belonging to witness, so that Waddy might take the horse to Richmond and sell him; that he OAved Waddy nothing at the date of the draft and received no other compensation for it; that Waddy did not pay the debt of $150 and did not sell the horse, but re-exchanged him for the mare, and thus cancelled the debt; that Savage shorved Avitness the draft a day or tAvo after it was due, as witness thinks, although it may haAe been a day or Iavo before, and witness then told him it Avas without consideration, was not Avorth the paper on which it Avas Avritten and that he Avould not pay it; that Waddy had not then signed, the draft on its face, and witness called the attention of Savage to that fact.

On cross-examination witness stated that Waddy asked him for money to go to Richmond, and he replied he had no money, but Avould give him an accepted draft; that Waddy Avanted $10U but witness said no, I will give you a draft for $150 to close up the transaction; witness also stated that he expected Waddy would raise money on the draft by selling it, or otherwise. The plaintiff' in rebuttal offered evidence tending to show that Hopps and Waddy owned some horses together, and that Hopps Avas indebted to Waddy for his share of the receipts from the horses, and that Hopps accepted the draft and gave it to Waddy on account of this indebtedness ; that Waddy endorsed the draft to the ⁵¹⁸ plaintiff on the 25th of October, 188⁷, in consideration of $45, borrowed money, $55 in cash, and $50 which plaintiff