Flato v. Mulhall
Supreme Court of Missouri
Error to St. Louis Court of Appeals. By the law merchant, one who promises another, either in writing or by parol, that he will accept certain bills of exchange, and thereby induces him to advance money therebn, in reliance upon the promise, will be held to make good his promise. Scudder v. Union National Bank, 91 U. S. 406; Townsley v. Sumrall, 2 Pet. 176; Boyce v. Edwards, 4 Pet. 111. The Missouri statute does not control the case.
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Error to St. Louis Court of Appeals. By the law merchant, one who promises another, either in writing or by parol, that he will accept certain bills of exchange, and thereby induces him to advance money therebn, in reliance upon the promise, will be held to make good his promise. Scudder v. Union National Bank, 91 U. S. 406; Townsley v. Sumrall, 2 Pet. 176; Boyce v. Edwards, 4 Pet. 111. The Missouri statute does not control the case. The law of Illinois is the lex loci solutionis and governs; (Tyrrell v. Cairo, etc., P. P. Co., 7 Mo. App. 294;) or, if the law of Texas, the lex loci…
1Opinion of the CourtHough, J.
This was an action to recover damages for the breach of a parol promise alleged to have been made by the defendants io plaintiff, in the state of Texas, to accept certain drafts to be thereafter drawn by Beauchamp & Alexander, on the defendants, in favor of the plaintiff, for certain advances of money to be made by the plaintiff at defendants’ request, to said Beauchamp & Alexander. The plaintiff was a banker in Texas, and the defendants were cattle dealers, doing business in the state of Illinois. The money was advanced, the draft drawn and the defendants refused to accept or pay the same.…
2Cases cited3 opinions
- Bissell v. LewisMichigan Supreme Court · 1857
- McFall v. CommonwealthCourt of Appeals of Kentucky · 1859
- Blakiston v. DudleyThe Superior Court of New York City · 1856
3Cited by44 opinions
- E. B. Hayes Machinery Co. v. EasthamSupreme Court of Louisiana · 1920
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Conrad v. FisherMissouri Court of Appeals · 1889
- Lee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
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