Lawson v. Layton

Superior Court of Delaware

Lawson v. Layton

86 A. 105, 27 Del. 91, 4 Boyce 91, 1913 Del. LEXIS 17

CourtSuperior Court of Delaware

DecidedFebruary 18, 1913

StatusPublished

Cited by1 cases

This text of 86 A. 105 (Lawson v. Layton) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lawson v. Layton, 86 A. 105, 27 Del. 91, 4 Boyce 91, 1913 Del. LEXIS 17 (Del. Ct. App. 1913).

Pincite

Opinion

Boyce, J.,

delivering the opinion of the court:

[1, 2] The cause of action, as stated on the record of the - justice of the peace, is based on “a protested draft.” A draft is defined to be an order from one person to another directing the payment of money. Until accepted a draft is in no sense a promise [93]*93to pay on the part of the drawee, and, being merely an order or request by the drawer on the drawee, it does not create an obligation to pay as between the parties until acceptance by the drawee. It is clear to the court that the draft sued upon does not constitute a cause of action cognizable before a justice of the peace under Section 1, c. 99, p. 740, of the Revised, Code 1852, amended to 1893; and the justice being without jurisdiction in the premises, the confession of the defendant that he owed the amount which was sought to be collected by the draft did not confer jurisdiction, and the judgment entered on the confession is a nullity.

The judgment below is reversed.

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Boyce, J.,

delivering the opinion of the court:

[1, 2] The cause of action, as stated on the record of the - justice of the peace, is based on “a protested draft.” A draft is defined to be an order from one person to another directing the payment of money. Until accepted a draft is in no sense a promise [93]*93to pay on the part of the drawee, and, being merely an order or request by the drawer on the drawee, it does not create an obligation to pay as between the parties until acceptance by the drawee. It is clear to the court that the draft sued upon does not constitute a cause of action cognizable before a justice of the peace under Section 1, c. 99, p. 740, of the Revised, Code 1852, amended to 1893; and the justice being without jurisdiction in the premises, the confession of the defendant that he owed the amount which was sought to be collected by the draft did not confer jurisdiction, and the judgment entered on the confession is a nullity.

The judgment below is reversed.

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Bluebook (online)

86 A. 105, 27 Del. 91, 4 Boyce 91, 1913 Del. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-layton-delsuperct-1913.

Opinion

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