Roberts v. Austin Corbin & Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. Henry Markell bad for some years been engaged in business at Dubuque, as a banker, under tbe name of H. Markell & Co. He kept an account with. Austin Corbin & Co., bankers in New York city, upon whom he was in the daily practice of drawing drafts and selling them to his customers and others in the usual way of business.
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Appeal from Dubuque District Court. Henry Markell bad for some years been engaged in business at Dubuque, as a banker, under tbe name of H. Markell & Co. He kept an account with. Austin Corbin & Co., bankers in New York city, upon whom he was in the daily practice of drawing drafts and selling them to his customers and others in the usual way of business. During the latter part of December, 1867, and the first part of January, 1868, he thus sold to Glover & Smock, Aultmann, Miller & Co., and the other intervenors herein, certain checks or bank drafts upon Austin Corbin & Go. for various sums,…
1Opinion of the CourtCole, J.
1. Bill of exchange: checks. — This cause has been well and fully presented, both by elaborate printed briefs and oral argument at bar. Upon the question as to the character of the instruments under which the intervenors claim, — that is, whether they are foreign bills of exchange or merely bankers’ checks, the counsel do not differ, but agree in treating them as the latter. The counsel for the plaintiff and appellee, however, add, that, being checks, they “are simply inland bills of exchange payable on demand,” citing Merchants Rank v. Spicer, 6 Wend. 443; *322Harker v. Anderson, 21 id. 373;…
Also in this document: Dissent.
2Cases cited13 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Munn v. BurchIllinois Supreme Court · 1860
- Weston v. BarkerNew York Supreme Court · 1815
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
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3Cited by50 opinions
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- Hulings v. Hulings Lumber. Co.West Virginia Supreme Court · 1893
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- Grammel v. CarmerMichigan Supreme Court · 1884
- Keller v. Smalley & HarrisTexas Supreme Court · 1885
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