{
  "id": 8649077,
  "name": "E. M. SHORT v. W. A. BLOUNT",
  "name_abbreviation": "Short v. Blount",
  "decision_date": "1888-02",
  "docket_number": "",
  "first_page": "49",
  "last_page": "53",
  "citations": [
    {
      "type": "official",
      "cite": "99 N.C. 49"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 439,
    "char_count": 9006,
    "ocr_confidence": 0.485,
    "pagerank": {
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      "percentile": 0.7423635509251698
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    "sha256": "b81476a1cd66f2ca41ef4e4780cddd73a25777032e0ff4131695dcaddd7a78fc",
    "simhash": "1:3a17662d1de614a8",
    "word_count": 1590
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  "last_updated": "2023-07-14T20:19:59.259917+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. M. SHORT v. W. A. BLOUNT."
    ],
    "opinions": [
      {
        "text": "MekriMON, J.,\n(after stating the case). By the acceptance of a bill of exchange is meant the act or declaration by which the drawee therein named evinces \u2014 makes manifest \u2014 his assent and agreement to comply with and be bound by the request and order contained in the bill directed to him according to its tenor, if the acceptance be absolute. It is in substance an agreement to pay the sum of money specified in the bill as therein directed. Chit, on Bills, 281; Story on Bills of Ex., \u00a7 238; 1 Par. on Notes and Bills, 281.\nNo particular words or form of words or manner of expression are necessary to a valid acceptance, but it should generally be in writing, because this is orderly, promotes the convenience of business transactions, renders them more certain, and facilitates the proof of acceptance.\nWriting, however, is not essential in the absence of statutory legislation requiring it; the acceptance may be verbal \u2022 or in writing; either method is valid; but it must appear by express words or reasonable inference. The intention of the acceptor to pay the bill must clearly appear in whatever manner evinced.\nUsually the drawee makes his acceptance by writing his name across the face of the bill, and just over it the word \u201c accepted,\u201d but it may be made by any word or phraseology implying substantially the same thing. Any words used by the drawee to the drawer or holder, or the agent of either, which bj^ reasonable intendment signify that he honors the bill \u2014 will pay it \u2014 will amount to an acceptance. And though he may not on presentment of the bill accept at once, if he afterwards does so, this will be sufficient to bind him, although the holder would have the right to insist upon prompt acceptance according to the terms of the bill.\nNow if the evidence produced on the trial be accepted as substantially true, we think that what the defendant said and did was an acceptance of the order in question. He at first, in the month of April, refused to pay it on the ground that the contractors had \u201coverdrawn\u201d; he took the order and kept it until shortly before the action began on the 8th of August, 1885; he said, having in view some disposition of it, \u201c let me see Lordley first.\u201d\nAbout ten days after first seeing the order, having it in his possession, he said to plaintiff: \u201c I think there will be money enough to pay you, and it will be all right, and I will pay it.\u201d Afterwards the plaintiff sent to the defendant for the money; it was not paid. After that time the plaintiff again sent his agent, who asked the defendant \u201c about the order\u2019V-the one in question. The latter said \u201c he would not pay it that afternoon, hut tell Short (the plaintiff) it is all right, and I will pay it.\u201d The agent so informed the plaintiff.\nThe defendant thus cautiously took ample'time to examine the state of the drawer\u2019s account with himself, and to determine whether or not he would agree to pay the order.\nAfter such consideration \u2014 understanding the whole matter \u2014 it must fairly be so taken \u2014 he said, without qualification, to the plaintiff\u2019s agent: \u201c Tell Short it (the order) is all right, and I will pay it.\u201d\nThe defendant was fully advised; he must have understood the purport of his language; it was plain, direct and positive, and an absolute promise to pay the order. He could scarcely have employed more unequivocal or more pertinent words. If he made the promise to pay, he accepted the order and impliedly admitted that he had money of the drawee to pay it. The promise was to pay the order on the day next after the promise; he said he would not pay it the afternoon of the day he made it.\nThe defendant testified that he did not make the promise last mentioned. Whether he did or not was a question of fact for the jury to determine. The Court instructed the jury that the promise was not an acceptance if made. We think it was, if the evidence, taken as a whole, were true.\nThere is error, and the plaintiff is entitled to a new trial.\nError.",
        "type": "majority",
        "author": "MekriMON, J.,"
      }
    ],
    "attorneys": [
      "Mr. J. H. Small, for the plaintiff.",
      "Mr. Geo. H. Brown, Jr., for the defendant."
    ],
    "corrections": "",
    "head_matter": "E. M. SHORT v. W. A. BLOUNT.\nBill of Exchange\u2014 Order \u2014 Draft\u2014Acceptance\u2014 Contract.\nWhere upon, the presentation of an order for the payment of money the drawee declined to accept it, alleging that the drawer had overdrawn, but retained the order, and subsequently said, \u201c I think there will be money enough \u2014 it will be all right \u2014 I will pay it,\u201d but there was no written acceptance; Held, that this conduct amounted to an acceptance in law.\nCivil actioN, tried-at February Term, 1887, before Avery, J., of Beaufort Superior Court.\nThis action began before a Justice of Peace to recover the money specified in the order sued upon, of which the following is a copy:\n\u201c April 20,1885.\n\u201c Dr. W. A. Blount will please pay E. M. Short $58.55 for value received, and oblige\nJ. E. LORDLEY.\nIt is alleged that the defendant, on whom the order was drawn, verbally accepted and agreed to pay the same.\nThis the defendant denied.\nThe Justice of the Peace gave judgment in favor of the defendant, and the plaintiff appealed to the Superior Court.\nIn the latter Court, on the trial, it was in evidence that the firm of Lordley & Gardner, contractors, had contracted in writing to furnish all material at their own expense and build and complete a house for defendant; that defendant was to pay so much therefor at different stages of the work, if done as per contract and completed; that this order was drawn and given to Short by Lordley for material Lordley & Gardner used in the building.\nE. M. Short testified that he presented the order and defendant would not pay it, complaining that contractors had overdrawn and there was not that due them; and they were not progressing and doing their work according to contract, and said, \u201cLet me see Lordley first;\u201d next day defendant told plaintiff that he thought he would have to lose $46; about ten days after defendant said to plaintiff, \u201c I think there will be money enough to pay you, and it will be all right, and I will pay it;\u201d the next Saturday after date of order witness sent Plancock to defendant; he did not get the money ; sometime in July or August defendant said he could not pay the order; the order was left with defendant by witness when first presented and retained by him, with plaintiff\u2019s consent, until shortly before the magistrate\u2019s trial.\nHancock testified that at Short\u2019s request he went to see defendant, and presented an order for laths for $7, which Short had on defendant, and which Short had delivered to Lordley on defendant\u2019s special order; that defendant paid this order, and witness asked him about the other order, when he said \u201che would not pay it that afternoon, but tell Short it is all right, and I will pay it,\u201d which reply witness -communicated to plaintiff.\nThis evidence was denied by defendant, who testified that he had no funds of Lordley, and that the contractors never \u25a0completed the contract.-\nPlaintiff testified that according to his calculation there \u25a0ought to have been enough money in Blount\u2019s hands to pay the order at its date. The plaintiff requested the Court to \u25a0charge the jury:\n\u201c 1. If the defendant, on being presented by Hancock, plaintiff\u2019s agent, with this draft, conveyed the impression :such as to satisfy an intelligent man that he would pay this \u25a0draft, and this order was accepted by plaintiff, the defendant Is liable.\n\u201c 2. If the defendant, the drawee, retained the order or draft from the day when it was presented, April 20th, 1885, and his acts and conduct indicated an intention to comply with the request of drawer; or if defendant, by telling plaintiff he would pay it, or by message sent by Hancock, justified plaintiff in drawing conclusion that drawee intended to accept it, should be regarded as an acceptance and defendant is liable.\u201d\nThe Court declined these instructions and instructed the jury as follows:\n\u201c1. That if the jury believe the testimony of plaintiff, defendant did not accept the draft when first presented and the only question arising out of his testimony is whether on the next day the defendant said to plaintiff (as testified by plaintiff) \u2018 I think there will be money enough to pay it, and it will be all right, and I will pay it,\u2019 and whether if he did use those words it amounted in law to an acceptance. \u25a0 The Court holds this language is too uncertain and equivocal to amount to an acceptance. The Court also instructs you\u2014\n\u201c 2. That the language alleged to have been used by defendant when plaintiff\u2019s agent, Hancock, demanded payment of the order, to-wit.: \u2018 I cannot pay it, (meaning the order sued on) but tell Mr. Short (the plaintiff) that it is all right, and I will pay it,\u2019 does not amount to an acceptance in law on the part of the defendant.\u201d\nPlaintiff excepted to the refusal of the Court to instruct the jury as requested, and to the instructions given in lieu.\nThe jury found the issue submitted in favor of defendant.\nThere was judgment in favor of defendant, from which plaintiff appealed.\nMr. J. H. Small, for the plaintiff.\nMr. Geo. H. Brown, Jr., for the defendant."
  },
  "file_name": "0049-01",
  "first_page_order": 77,
  "last_page_order": 81
}