La Due v. First National Bank
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Dodge county, refusing a new trial, after a trial by Buckham, J., a jury being waived. Tbe ease is stated in the oxiinion. The draft or bill of exchange involved in this case is in effect a cheque, (Redfield’s Lead. Cas. on Notes, 718; First Nat. Bank v. Coates, 8 Fed. Rep. 540; Foster v. Paulk, 41 Me. 425; Cruger v. Armstrong, 3 John.
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Appeal by plaintiff from an order of tbe district court for Dodge county, refusing a new trial, after a trial by Buckham, J., a jury being waived. Tbe ease is stated in the oxiinion. The draft or bill of exchange involved in this case is in effect a cheque, (Redfield’s Lead. Cas. on Notes, 718; First Nat. Bank v. Coates, 8 Fed. Rep. 540; Foster v. Paulk, 41 Me. 425; Cruger v. Armstrong, 3 John. Cas. 5,) and as such is an appropriation, by the drawer, of funds in the hands of the drawee, to the amount of the cheque, for the benefit of the holder of it, and by its delivery the drawer admits his…
1Opinion of the CourtMitchell, J.
At Kasson, Minnesota, on the 15th of October, 1881, the defendant drew its draft or bill of exchange for $500 on the Ninth National Bank of New York, payable on demand, to the order of plaintiff, and, for value, delivered the same to the payee, who, on the same day, indorsed it to one Edison, who held it until the 8th of March, 1882, without presentation for payment, and, on the day last named, indorsed it to one Jordan, who, on the 11th of the same month, indorsed it to the Exchange Bank of Louisiana, Missouri, which caused it to be presented for payment on the 15th of the month, when-…
2Cases cited13 opinions
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Cowing v. . AltmanNew York Court of Appeals · 1877
- Commonwealth v. MagowanCourt of Appeals of Kentucky · 1858
- Harris v. . BurwellSupreme Court of North Carolina · 1871
- St. Paul & Sioux City Railroad v. GardnerSupreme Court of Minnesota · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Proctor v. ColeIndiana Supreme Court · 1885
- Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
- Easley v. East Tennessee National BankTennessee Supreme Court · 1917
- First Nat. Bank of Duluth v. School District No. 15Supreme Court of Minnesota · 1928
- Way v. ColyerSupreme Court of Minnesota · 1893
12 more not listed; retrieve them via the Exa API.