Rossi v. National Bank of Commerce
Missouri Court of Appeals
Appeal from the St. Louis City Circuit. Court. — Hon. Daniel Dillon, Judge. The draft in question was a foreign bill of exchange, being drawn in the state of Connecticut upon the bank in New York. Dickens v. Beal, 10 Pet. 572; Bank v. Daniel, 12 Id. 32; Phoenix v. Hussey, 12 Pick. 483; Buclmey v. Finey, 2 Pet. 586; Bank v. Varnum, 59 N. Y. 269. Was appellant an indorser? If so, the law of the place of payment determines the requirement as to protest.
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Appeal from the St. Louis City Circuit. Court. — Hon. Daniel Dillon, Judge. The draft in question was a foreign bill of exchange, being drawn in the state of Connecticut upon the bank in New York. Dickens v. Beal, 10 Pet. 572; Bank v. Daniel, 12 Id. 32; Phoenix v. Hussey, 12 Pick. 483; Buclmey v. Finey, 2 Pet. 586; Bank v. Varnum, 59 N. Y. 269. Was appellant an indorser? If so, the law of the place of payment determines the requirement as to protest. This draft was payable in New York, hence the law of that state governs. Ins. Co. v. Simmons, 52 Mo. App. 357; Stix v. Mathews, 63 Id. 357;…
1Opinion of the CourtBond, J.
This cause was submitted to the court for decision upon an agreed statement of facts, to wit:
“Comes now the parties in the above entitled cause and agree to submit this case on t'he following statement of facts; hereby waiving all preparatory pleadings to arrive at the same and any variance between the pleadings now filed and this statement.
“It-is agreed further, that the National Bank of Commerce, defendant herein, is, and was, at the time hereinafter mentioned, a corporation organized and existing under the laws of the United States of America, with authority to do business in. the city of…
2Cases cited4 opinions
- Turnbull v. . BowyerNew York Court of Appeals · 1869
- Third National Bank v. AllenSupreme Court of Missouri · 1875
- Collier v. BuddSupreme Court of Missouri · 1842
- Bank of Commerce v. GinocchioMissouri Court of Appeals · 1887
3Cited by6 opinions
- Cohen v. Lincoln Savings BankNew York Court of Appeals · 1937
- Montgomery Garage Co. v. Manufacturers Liability InsuranceSupreme Court of New Jersey · 1920
- Russell v. Second National Bank of PatersonSupreme Court of New Jersey · 1947
- United States v. National City Bank of New YorkDistrict Court, S.D. New York · 1939
- Uriola v. Twin Falls Bank & Trust Co.Idaho Supreme Court · 1923
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