Garvey
Southwestern Creditors Assn. v. Garvey
Opinion
Lead Opinion
Ames, J.
This action was brought for the purpose of recovering on two trade acceptances or bills of exchange. The complaint contains two causes of action, the first one of which alleges the execution of a trade acceptance by B. Hayman Company, Inc., drawn upon itself, in the sum of $1,028.65, dated March 13, 1930, and payable August 1, 1930, to the order of the drawer and which was accepted by the defendant on the eighteenth day of March, 1930. It then alleges “that said trade acceptance rose out of the purchase of goods, wares and merchandise by said defendant from said B. Hayman Company, Inc.”, and that no part of the sum of $1,028.65 has been paid except the sum of $528.65, which was paid thereon on the twentieth day of November, 1930. The complaint then alleges that B. Hayman Company, Inc., for a valuable consideration, assigned, transferred and set over all its right, title and interest in and to said trade acceptance to the plaintiff.
The second cause of action is similar in form to the first and is based upon a trade acceptance in the sum of $924.38 drawn by B. Hayman Company, Inc., upon itself, payable on the twenty-sixth day of October, 1930, and accepted by defendant on the…