Rickey v. Dameron
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The bill was drawn by both' Dameron Brothers and Logan D. Dameron, on the plaintiffs, when both parties knew that plaintiffs had no funds belonging to either of them in their hands. II. The draft was not indorsed by the defendant in the ordinary course of mercantile dealing, and he is not an indorser in the strict sense of the law merchant. 'ill.
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Error to St. Louis Circuit Court. I. The bill was drawn by both' Dameron Brothers and Logan D. Dameron, on the plaintiffs, when both parties knew that plaintiffs had no funds belonging to either of them in their hands. II. The draft was not indorsed by the defendant in the ordinary course of mercantile dealing, and he is not an indorser in the strict sense of the law merchant. 'ill. When the drawee of a bill of exchange accepts the bill, the presumption is that he has funds of the drawer in his hands. But this presumption may be rebutted; the drawee may show that he accepted and paid the bill…
1Opinion of the CourtCurrier, Judge
A demurrer to the petition having been sustained, the plaintiffs bring the cause into this court by writ of error.
It appears from the petition that the commercial firm of Dam-eron Brothers drew their draft or bill of exchange upon the plaintiffs, whereby the plaintiffs were requested to pay to the order and charge to the account of the firm the sum of $2,000. Before the bill was put in circulation, the drawers, to whose order it was payable, indorsed it, and also, in order to give it additional credit -and currency, procured its indorsement by the defendant. Prior to its acceptance the…
2Cases cited2 opinions
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Baker v. BlockSupreme Court of Missouri · 1860
3Cited by1 opinion
- Williams v. Merchants National BankTexas Supreme Court · 1887