Marbourg v. Brinkman
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. The case is stated in the opinion. I. The draft in suit is a bank check and not a bill of exchange. 2 Daniel on Negotiable Instruments, sect. 1566; Bank v. Coates, 3 McCrary, 9; Veazie Bank v. Winn, 40 Maine, 60. II.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. The case is stated in the opinion. I. The draft in suit is a bank check and not a bill of exchange. 2 Daniel on Negotiable Instruments, sect. 1566; Bank v. Coates, 3 McCrary, 9; Veazie Bank v. Winn, 40 Maine, 60. II. The holder of a check should present it for payment within a reasonable time, and if the drawer sustained any loss or injury from the want of such presentment he will be discharged. 2 Daniel on Negotiable-Instruments, sects. 1592, 4, 5; St. John X). Homans, 8 Mo. 382 ; Chouteau X). Rouse, 56 Mo. 65 ; Purcell v. Aleviong,…
1Opinion of the CourtHall, J.
This was an action by the plaintiff, who, was the payee, upon a draft or check drawn by the defendants who were bankers at Great Bend, Kansas, upon, the. Mastín Bank of Kansas City, Missouri, their corres-, pondent at the last named place. The draft. was in the usual form and had been purchased of the defendants, for the plaintiff by his agent. The defence was laches in the presentment of the draft to the drawee for payment.
The sole question presented for our determination is, was the duty as to the presentment of the draft the same as that made by law in cases of ordinary bank checks, or was…
2Cases cited1 opinion
- Fugitt v. NixonSupreme Court of Missouri · 1869
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- A. J. Oosterbeek Motor Co. v. JoyAppellate Court of Illinois · 1932