Ivory v. Bank of State
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action for negligence, alleged against the appellant, for failing to make presentment, demand, protest and notice of the dishonor of the following instrument of writing: “ St. Louis, 12 Oct., 1860. “ The Southern Bank of Saint Louis : “Pay to M. C. Jackson & Co., or order, five hundred dollars, on 22d of October. “$500.00. Bf.
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Appeal from St. Louis Court of Common Pleas. This was an action for negligence, alleged against the appellant, for failing to make presentment, demand, protest and notice of the dishonor of the following instrument of writing: “ St. Louis, 12 Oct., 1860. “ The Southern Bank of Saint Louis : “Pay to M. C. Jackson & Co., or order, five hundred dollars, on 22d of October. “$500.00. Bf. E. Webre & Co.” Endorsed, “ M. C. Jackson & Co.” It appeared in evidence on the trial, that on the 12th of October, 1860, and for more than a year before and after that day, the respondent was one of the directors…
1Opinion of the CourtLovelace, Judge
” The first question in this case is, whether the instrument, which forms the basis of the action, is a bill of exchange, and as such entitled to days of grace. Kent has defined a bill of exchange to be “ a written order or request, by one person to another, for the payment of money, absolutely and at all events.” (Kent’s Com. § 44, p. 74.) Story says of this definition that “ its peculiar distinguishable quality in modern times, its negotiability, is omitted”; and he, accordingly, adopts the definition of Mr. Kyd, which states it to be “an open letter of request addressed by one person to a…
2Cited by6 opinions
- Famous Shoe & Clothing Co. v. CrosswhiteSupreme Court of Missouri · 1894
- Bank of New Hanover v. . KenanSupreme Court of North Carolina · 1877
- Harrison v. Nicollet National BankSupreme Court of Minnesota · 1889
- Vogel v. StarrMissouri Court of Appeals · 1908
- Famous Shoe & Clothing Co. v. CrosswhiteMissouri Court of Appeals · 1892
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