Lucas v. Ladew
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action 'by- plaintiffs, as: endorsers- of. a- bill of exchange, payable.at sight, drawn at-New-York by one B. F. Maniere on Smoot, Russell &• Co.,-at Leavenworth city, in Kansas territory,-in favor of John Dorsey, and by! him endorsed to defendants and by them- endorsed to-plaintiffs.
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Appeal from St. Louis Court of Common Pleas. This was an action 'by- plaintiffs, as: endorsers- of. a- bill of exchange, payable.at sight, drawn at-New-York by one B. F. Maniere on Smoot, Russell &• Co.,-at Leavenworth city, in Kansas territory,-in favor of John Dorsey, and by! him endorsed to defendants and by them- endorsed to-plaintiffs. It appeared that when the bill was endorsed over to the plaintiffs they sent it to Smoot, Russell ■& Co. (who were their business correspondents in Leavenworth city) for collection; that the latter caused it to be protested for non acceptance on the 17th…
1Opinion of the CourtNapton, Judge
The instructions upon which this case was tried were, in our opinion, correct. It is well settled, both in England and America, that, upon protest for non acceptance and notice, the drawer and endorsers of a bill are responsible immediately to the holder, and the failure to present the bill again for payment has no effect in discharging that liability. Whether the bill in this case was presented for payment on the 20th or 21st was therefore immaterial, as it was presented for acceptance on the 17th and acceptance was refused, and it was duly protested and notice sent immediately to the…
2Cases cited4 opinions
- Watson v. TarpleySupreme Court of the United States · 1856
- Houghtaling v. BallSupreme Court of Missouri · 1853
- Stout v. WoodIndiana Supreme Court · 1820
- Renshaw v. TriplettSupreme Court of Missouri · 1856
3Cited by2 opinions
- Tennent v. Union Central Life InsuranceMissouri Court of Appeals · 1908
- W. & A. McArthur Co. v. Old Second National BankMichigan Supreme Court · 1899