# Kelley v. Brown

> Massachusetts Supreme Judicial Court · October 15, 1855 · 71 Mass. 108

URL: https://www.frixlaw.com/law-library/cases/6410798

## Case

- **Full name:** Henry C. Kelley v. Samuel R. Brown
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** October 15, 1855
- **Citations:** 71 Mass. 108
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Shaw
- **Judges:** Shaw
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6410798

## Opinion text

Shaw, C. J.
The paper in question was declared on as a common draft on a bank, with no averment that it bore any other character, or that from any peculiarity in its terms, attended with any known custom, it was understood to be a due bill, or evidence of money lent. There was no sufficient ground ¿herefore to warrant the admission of parol evidence. As a draft, the drawer was not liable without presentment to the drawee and dishonor by him. Chit. Bills, (10th Amer. ed.) 354, 389.
The defendant’s promise to pay the draft, without knowing that it had not been presented, was not binding on him. Garland v. Salem Bank, 9 Mass. 408 .
Exceptions sustained.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6410798. Public record. Not legal advice.