Harness v. Davies County Savings Ass'n
Supreme Court of Missouri
Error to Fifth District Court. urged among others the following point: The plaintiff in error, by its course of business with the drawee, through the National Banking and Insurance Company of St. Louis, had .reasonable cause for believing that -its draft would be duly honored and paid upon presentation, and was “entitled to notice on both the first and second presentation of said draft. (Commercial Bank v. Barksdale et al., 36 Mo. 568 ; Edw.
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Error to Fifth District Court. urged among others the following point: The plaintiff in error, by its course of business with the drawee, through the National Banking and Insurance Company of St. Louis, had .reasonable cause for believing that -its draft would be duly honored and paid upon presentation, and was “entitled to notice on both the first and second presentation of said draft. (Commercial Bank v. Barksdale et al., 36 Mo. 568 ; Edw. Notes & Bills, 451; Lilley v. Miller, 2 Nott & McCord, 257 ; 12 Curtis, 250, note.) I. There was no necessity on the part of the' holder of the bill to…
1Opinion of the CourtBliss, Judge
This suit was brought upon, an ordinary bill of exchange for $3,000, drawn by defendants, October 5, 1866, to the plaintiff’s order, at sight, upon E. Kelley & Co., of New-York city, and the plaintiff recovered judgment, which was affirmed by the District Court.
*359The petition sets forth the drawing and negotiating of the bill, its various transfers, its due presentation to the drawees for payment, and the protest; also, that after due notice of its dishonor, defendant’s cashier requested the plaintiff again to present it, promising to provide means to meet it, but that it was again presented…
2Cases cited2 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Clayton v. PhippsSupreme Court of Missouri · 1851
3Cited by4 opinions
- State Bank v. BartleSupreme Court of Missouri · 1893
- Donnell v. Lewis County Savings BankSupreme Court of Missouri · 1883
- Winningham v. PennockCourt of Appeals of Kansas · 1889
- Ellenbogen v. State BankNew York Supreme Court · 1922