First National Bank v. Hatch
Supreme Court of Missouri
Mrror to Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. Tbe notice of presentment and protest was sufficient. It was not necessary that tlie notice sh.ou.ld be in writing. Story on Bills of Exchange, (3 Ed.) p. 367, § 300 ; 2 Daniel Negotiable Inst., (2 Ed.) p. 30, § 972 ; Glasgow v. Pratte, 8 Mo. 336; Linvillev.
Read the full summary
Mrror to Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. Tbe notice of presentment and protest was sufficient. It was not necessary that tlie notice sh.ou.ld be in writing. Story on Bills of Exchange, (3 Ed.) p. 367, § 300 ; 2 Daniel Negotiable Inst., (2 Ed.) p. 30, § 972 ; Glasgow v. Pratte, 8 Mo. 336; Linvillev. Welch, 29 Mo. 203. After the bill was presented and protested for non-acceptance, the promise of defendant to pay it, with a knowledge of all the facts, such promise to pay is a waiver of all informalities as to giving notice. • Story on Bills, (2 Ed.) p. 332, §§ 280, 320,…
1Opinion of the Court
Martin, C.
The plaintiff brought suit on the 14th day of September, 1878, against the defendant as the indorser of a foreign bill of exchange drawn on the 25th day of May, 1873, by the Burlington & Southwestern Railway Company on Elijah Smith, the financial agent of the company at Boston, payable, in the sum of $5,000, forty days after date. The bill was indorsed by the defendant to the plaintiff, for the sum of $5,000, which was paid at the time of the indorsement and delivery to plaintiff. The petition is in the usual form describing the making, indorsement and delivery of the bill before…
2Cases cited6 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Bank of Vergennes v. CameronNew York Supreme Court · 1849
- Linville v. WelchSupreme Court of Missouri · 1859
- Stix v. MathewsSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People's Bank v. ScalzoSupreme Court of Missouri · 1895
- Mohney v. ReedMissouri Court of Appeals · 1890
- Rolla State Bank v. PezoldtMissouri Court of Appeals · 1902
- First National Bank v. HatchSupreme Court of Missouri · 1889
- Eaves v. KeetonMissouri Court of Appeals · 1917
7 more not listed; retrieve them via the Exa API.