Fugitt v. Nixon
Supreme Court of Missouri
Appeal from Fifth District Court. This was a suit brought ojj a draft for $1200, drawn March 29, 1866, at Alleghany City, Pa., by the Alleghany Savings Bank, on Messrs. Work, McCouch & Co., payable to the order of Messrs. Baxter & Bell, indorsed by the latter to defendant, and by defendant to plaintiff. The petition alleged that the draft was transferred to plaintiff July 12, 1866, .and that plaintiff transferred it for the purpose of collection to Messrs.
Read the full summary
Appeal from Fifth District Court. This was a suit brought ojj a draft for $1200, drawn March 29, 1866, at Alleghany City, Pa., by the Alleghany Savings Bank, on Messrs. Work, McCouch & Co., payable to the order of Messrs. Baxter & Bell, indorsed by the latter to defendant, and by defendant to plaintiff. The petition alleged that the draft was transferred to plaintiff July 12, 1866, .and that plaintiff transferred it for the purpose of collection to Messrs. Kemper & Paxton, from whom it passed by successive transfers to the Western National Bank of Philadelphia, which bank presented it for…
1Opinion of the CourtWagner, Judge
The court below very properly refused the instruction asked for by the plaintiff, that if, before the time the draft was indorsed by the defendant to the plaintiff, the drawers had become insolvent, and continued insolvent until the same was presented for payment, the finding should be for the plaintiff, without regard to the time when the demand was made.
The presentment of a draft to the drawee must be made in a reasonable time. What is a reasonable time is a question of fact, and depends upon the circumstances of the case. As between the holder of negotiable paper and the prior parties…
2Cases cited2 opinions
- Linville v. WelchSupreme Court of Missouri · 1859
- Davis v. FranciscoSupreme Court of Missouri · 1848
3Cited by9 opinions
- Dyas v. HansonMissouri Court of Appeals · 1883
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Selz v. CollinsMissouri Court of Appeals · 1893
- Turner v. SnyderMissouri Court of Appeals · 1909
- Cornett v. HaferSupreme Court of Kansas · 1890
4 more not listed; retrieve them via the Exa API.