Fitzharris v. Leggatt
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Wickham, J. ‘The bill sued on is a negotiable instrument, notwithstanding the provision contained in it for payment “ with exchange •on New York or St. Louis.” —Dan. Neg. Inst., sect. 54 ; Smith v. Kendall, 9 Mich. 241; Johnson v. Frisbee, 15 Mich. 286 ; Bulloch v. Taylor, 39 Mich. 137; Myer v. .Jffust, 40 Mich. 517 ; Sperry v. Horr, 32 Iowa, 184 ; Leggett v. Jones, 10 Wis. 34; Qrutacap V. Woulluise, 2 McLean, -581; Pricey.
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Appeal from the St. Louis Circuit Court, Wickham, J. ‘The bill sued on is a negotiable instrument, notwithstanding the provision contained in it for payment “ with exchange •on New York or St. Louis.” —Dan. Neg. Inst., sect. 54 ; Smith v. Kendall, 9 Mich. 241; Johnson v. Frisbee, 15 Mich. 286 ; Bulloch v. Taylor, 39 Mich. 137; Myer v. .Jffust, 40 Mich. 517 ; Sperry v. Horr, 32 Iowa, 184 ; Leggett v. Jones, 10 Wis. 34; Qrutacap V. Woulluise, 2 McLean, -581; Pricey. Teal, 4 McLean, 201 ; Bradley v. Lili, 4Biss.-473 (declining to follow Lowe v. Bliss, 24 111. 168) ; Pollard v. Berries, 3 Bos. &…
1Opinion of the CourtBakewell, J.
The bill of exchange in question in this case, was drawn-at St. Louis “ with exchange on St. Louis or New York.” We held that, because it wanted certainty as to the amount, it was not a negotiable instrument. On this point we-granted a rehearing of the case. We are well satisfied that no case bearing directly upon the question can be found which has not now been cited to us by the industry of counsel. After † careful consideration of these cases, we do not find the weight of authority against the conclusion already announced, and we are satisfied that, on principle, that conclusion is…
2Cases cited6 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Lowe v. BlissIllinois Supreme Court · 1860
- Philadelphia Bank v. Newkirk, Pennsylvania Court of Common Pleas, Philadelphia County1840
- Leggett v. JonesWisconsin Supreme Court · 1859
- Smith v. KendallMichigan Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hastings v. ThompsonSupreme Court of Minnesota · 1893
- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
- Culbertson v. NelsonSupreme Court of Iowa · 1895
- Nicely v. Commercial BankIndiana Court of Appeals · 1896
- Nicely v. Winnebago National Bank of RockfordIndiana Court of Appeals · 1897
3 more not listed; retrieve them via the Exa API.