Citizens' Bank v. Carson
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action on a bill of exchange by the endorser against the acceptor. The bill was drawn by George H. Orth & Bro., at four months, upon John B. Carson, and accepted by him, payable to the order of said Orth & Bro., and endorsed by them to the Citizens’ Bank of Steubenville, tlie above appellee and holder.
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Appeal from St. Louis Circuit Court. This was an action on a bill of exchange by the endorser against the acceptor. The bill was drawn by George H. Orth & Bro., at four months, upon John B. Carson, and accepted by him, payable to the order of said Orth & Bro., and endorsed by them to the Citizens’ Bank of Steubenville, tlie above appellee and holder. The appellant, John B. Carson, sets up payment as a defence to said action that if the same was not paid by Orth & Bro., the endorsers of said draft, then said Citizens’ Bank, the holder thereof, was guilty of laches in not collecting the same…
1Opinion of the CourtBates, Judge
This suit is brought upon a bill of exchange drawn byOrth & Bro. upon Carson, who accepted it, but failed to pay at maturity, and it was duly protested. . After the dishonor of the bill, Orth & Bro., the drawers of it, made an arrangement with the plaintiff, which was the holder of it, whereby the drawers gave their note to the plaintiff for the amount of the bill, the plaintiff still retaining the bill. The note was not paid. The court below, upon the trial, instructed that if the note was given and accepted in satisfaction of the bill, the defendant was thereby discharged; but if the…
2Cited by13 opinions
- Van Winkle Gin & MacHinery Co. v. Citizens' Bank of BuffaloTexas Supreme Court · 1896
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
- First Natl. Bank of Schulenburg v. WinklerTexas Supreme Court · 1942
- Grissom v. Commerial National BankTennessee Supreme Court · 1889
- Holt's Sporting Goods Co. of Lubbock v. American National Bank of AmarilloCourt of Appeals of Texas · 1966
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