Odell v. Presbury
Supreme Court of Missouri
APPEAL FBOM ST. LOUIS COURT OP COMMON PLEAS. Odell & Frink, merchants of New York, haying sold goods to Isaac Griffin, a merchant of Belleville, Illinois, took his note (not negotiable) for $382 53-100ths, payable to their order, at the Bank of the State of Missouri at St. Louis, seven months after date, and dated 20th August, 1841. It fell due 20th March, 1848. On the 20th of February, 1848, Odell & Frink indorsed and delivered the note of Griffin to Joseph S. Lake & Co.,…
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APPEAL FBOM ST. LOUIS COURT OP COMMON PLEAS. Odell & Frink, merchants of New York, haying sold goods to Isaac Griffin, a merchant of Belleville, Illinois, took his note (not negotiable) for $382 53-100ths, payable to their order, at the Bank of the State of Missouri at St. Louis, seven months after date, and dated 20th August, 1841. It fell due 20th March, 1848. On the 20th of February, 1848, Odell & Frink indorsed and delivered the note of Griffin to Joseph S. Lake & Co., brokers and private hankers in the city of New York, for the sole purpose of collection, and the plaintiffs, Odell &…
1Opinion of the CourtBirch, J.
The authorities to which we have been, referred shed but a faint and ambiguous light upon the question presented by this record. The testimony is equally inexplicit and unsatisfactory, concerning the existence of any general custom upon which we might predicate a rule in this and similar cases ; and the bankers themselves seem to have viewed the transaction, whilst • it was in progress, each in a different point of view.
We have not been exempt, therefore, from the solicitude so naturally inseparable from the exercise of what may seemingly be regarded a species of judicial legislation, under…
2Cited by2 opinions
- Mann v. BestSupreme Court of Missouri · 1876
- Garesché v. ChouteauSupreme Court of Missouri · 1866