St. John v. Homans
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas, 1. The evidence proves that St. John was discharged from all liability on the check, because of the delay in presenting it for payment. — Byles on Bills, 123, 124; Bailey’s Bills, 229, 2d Amer. ed., 1836; Chitty on Bills, 384, 419, 465, 545, 9th Amer. ed.; 4 Starkie’s Ev., part 4, p. 225; 21 Wendell’s Rep., 372. These authorities show that the rights, duties and liabilities of parlies to checks and inland bills of exchange are one…
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ERROR to St. Louis Court of Common Pleas, 1. The evidence proves that St. John was discharged from all liability on the check, because of the delay in presenting it for payment. — Byles on Bills, 123, 124; Bailey’s Bills, 229, 2d Amer. ed., 1836; Chitty on Bills, 384, 419, 465, 545, 9th Amer. ed.; 4 Starkie’s Ev., part 4, p. 225; 21 Wendell’s Rep., 372. These authorities show that the rights, duties and liabilities of parlies to checks and inland bills of exchange are one and the same, and that the drawer of a check is discharged from liability thereon (the drawer, drawee and holder living in…
1Opinion of the CourtScott, J.
This was an action of assumpsit brought by the defendant in error against the plaintiff in error, on a check drawn by the latter on the Bank of the State of Missouri, for one thousand dollars. The check was delivered to Carter & Smith on the day it was drawn, and by them was transferred on the same day to the defendant in error, as cashier of the Perpetual Insurance Company. The check was drawn on the 16th February, 1842, and was presented for payment on the 24th of the same month, and payment by the bank was refused except in the bills of the State Bank of Illinois. On the same day it was…
2Cases cited2 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Harker v. AndersonNew York Supreme Court · 1839
3Cited by10 opinions
- Dickinson v. CoatesSupreme Court of Missouri · 1883
- Famous Shoe & Clothing Co. v. CrosswhiteSupreme Court of Missouri · 1894
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
- Dyas v. HansonMissouri Court of Appeals · 1883
- Morrison v. McCartneySupreme Court of Missouri · 1860
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