Linville v. Welch
Supreme Court of Missouri
Appeal from Adair Circuit Court. This was an action against the defendant as endorser of a bill of exchange for five hundred dollars, dated October 24, 1854, at Cincinnati, Ohio, and drawn by Ellis & Sturges in favor of defendant, Thomas Welch, upon the banking-house of Lolcer, Renick & Co., at St. Louis. The bill was endorsed by Welch to plaintiffs.
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Appeal from Adair Circuit Court. This was an action against the defendant as endorser of a bill of exchange for five hundred dollars, dated October 24, 1854, at Cincinnati, Ohio, and drawn by Ellis & Sturges in favor of defendant, Thomas Welch, upon the banking-house of Lolcer, Renick & Co., at St. Louis. The bill was endorsed by Welch to plaintiffs. From the notary’s entry on the face of the bill and the protest it appeared that the bill or draft was protested for nonpayment on the 13th of December, 1854. On the day of the protest the notary sent notice of protest to Ellis & Sturges at…
1Opinion of the CourtNapton, Judge
The instructions given by the court in this case were erroneous. What is due diligence in giving notice of dishonor of a bill of exchange is a question of law, when the facts are agreed on ; and when the facts are disputed, the court should give hypothetical instructions, leaving the facts to be determined by the jury. (1 Peters, 583.)
Upon the facts disclosed in the bill of exceptions in this case, it is impossible for this court to pass upon the sufficiency of the notices attempted to be given by mail. So far *205as the evidence goes, it seems clear that notices put in the post-office at St.…
2Cases cited2 opinions
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- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
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- Lewis, Hubbard & Co. v. Montgomery Supply Co.West Virginia Supreme Court · 1906
- Second Nat. Bank of Toledo v. M. Samuel & Sons, Inc.Court of Appeals for the Second Circuit · 1926
- Salisbury v. Renick & PetersonSupreme Court of Missouri · 1869
- First National Bank v. HatchSupreme Court of Missouri · 1883
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
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