Butler v. Paine
Supreme Court of Minnesota
APPEAL EROM THE DISTBIOT COURT OB’ HENNEPIN COUNTY. Points and Authorities of Appellant. I. A draft or bill must be payable in money only ; if payable in currency it is not negotiable, and cannot be transferred by endorsement. Edwards on Bills and Prom.
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APPEAL EROM THE DISTBIOT COURT OB’ HENNEPIN COUNTY. Points and Authorities of Appellant. I. A draft or bill must be payable in money only ; if payable in currency it is not negotiable, and cannot be transferred by endorsement. Edwards on Bills and Prom. Notesi 134-5. The only exception to tbe English rule is where the draft is payable in what the Oo.urt is bound to take judicial notice of, as equivalent to money. 9 John, 120; 19 John, 144/ 23 Wend., 71; 7 Bill, 425; 6 Id., 359; 5 Oow., 186; 10 /Serg. c& Rawle, 94; 4 Watts, 400; 2 McLean, 10; 3 McLean, 106 ; 5 Pike, 481; 7 Mo., 595; 16 Ohio,…
1Opinion of the Court
JBy the Court.
Elandrau, J.
The instrument upon which this action is commenced is in the following words :
“ THREE hundred DOLLARS IN CURRENCY.
“ Banking Exchange and Collecting office of $300. Parker Paine & Berry,
“ St. Paul, Minnesota. 18 — .
“ Pay to the order of Heinrich Holtz, Esq., three hundred (currency) dollars.
“ Tour obedient servant,
“ Marine Bank, Chicago.” “ Parrer Paine,”
It was indorsed with the following names : “ Heinrich Holtz, C. Lewis, L. Butler.”
The first question to determine is, whether this is a negotiable instrument under the law-merchant. The statutes of our State leave…
2Cases cited6 opinions
- Thompson v. SloanNew York Supreme Court · 1840
- Lacy v. Holbrook, Bowman & Co.Supreme Court of Alabama · 1842
- Keith v. JonesNew York Supreme Court · 1812
- Judah v. HarrisNew York Supreme Court · 1821
- M'Cormick v. TrotterSupreme Court of Pennsylvania · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Feder v. ElliottSupreme Court of Iowa · 1924
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