Price v. Page
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit against defendants as drawers of two bills of exchange, drawn in the state of California on Page & Bacon, at St. Louis, Mo. The bills wore payable at sight, and were duly presented for payment and protested for non-payment. Due notice was given.
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Appeal from St. Louis Circuit Court. This was a suit against defendants as drawers of two bills of exchange, drawn in the state of California on Page & Bacon, at St. Louis, Mo. The bills wore payable at sight, and were duly presented for payment and protested for non-payment. Due notice was given. The petition set forth the above facts, and also set forth that by an act of the legislature of California of April 16th, A. D. 1850, “ the rate of damages to be allowed and paid upon the usual protest for non-payment of bills of exchange, drawn within said state upon any person or persons in any of…
1Opinion of the CourtScott, Judge
1. The answer of the defendants having been withdrawn, whether we regard the judgment taken as one by default, or a cognovit actionem relicta verijicatione, the same result follows. (Sellon’s Prac. 373; 5 Wend. 134.) They both are an acknowledgment of the count. A default admits the tra-versable allegations in the declaration. The laws of California regulating the damages on bills of exchange and the rate of interest are alleged to be in existence. They are traversable facts, and were in fact traversed. The withdrawal of the plea, then, was an admission of them.
2. The courts will take notice…
2Cases cited3 opinions
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
- The United States v. La VengeanceSupreme Court of the United States · 1796
- Bates v. LoomisNew York Supreme Court · 1830
3Cited by7 opinions
- Amsinck v. . RogersNew York Court of Appeals · 1907
- Barclay v. PicklesSupreme Court of Missouri · 1866
- Buffalo Pipe Line Co. v. N. Y., Lake Erie & Western R. R. Co.New York Supreme Court · 1880
- State v. CummingsSupreme Court of Missouri · 1913
- Belestin v. First National BankMissouri Court of Appeals · 1914
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