Clements v. Yeates
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The petition stated that on or about July 1st, 1872, plaintiff sold and .delivered to John W. Layne & Co., 94 head of cattle, for which said Layne & Co. executed and delivered to plaintiff the following draft: “ $8,598.40. “ Malta Bend, July 2nd, 1872. “ Live days after date, pay to the order of Charles Clements $3,598.40, for 94 head of cattle, and charge the same to account of ' “John W. Layne & Co. “To Messrs.
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Appeal from St. Louis Court of Appeals. The petition stated that on or about July 1st, 1872, plaintiff sold and .delivered to John W. Layne & Co., 94 head of cattle, for which said Layne & Co. executed and delivered to plaintiff the following draft: “ $8,598.40. “ Malta Bend, July 2nd, 1872. “ Live days after date, pay to the order of Charles Clements $3,598.40, for 94 head of cattle, and charge the same to account of ' “John W. Layne & Co. “To Messrs. Yeates, Miller & Co., “ St. Louis, Missouri.” The petition further stated that the cattle so purchased were consigned and delivered by Layne &…
1Opinion of the CourtSherwood, C. J.
I. The law is well settled that no action lies in favor of the payee of a draft against the drawee because of the non-acceptance of the latter. As is said in Kimball v. Donald, 20 Mo. 581: “ When acceptance is refused, the object the parties had in view being defeated, the only obligation upon the bill is against the drawer, who is remitted to his original rights in respect to the fund in the hands of his supposed' debtor, and liable to pay according to his original undertaking.” For this reason the petition stated no tacts sufficient to constitute a cause of action.
II. There can be no…
2Cases cited9 opinions
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Kimball v. DonaldSupreme Court of Missouri · 1855
- Link v. VaughnSupreme Court of Missouri · 1853
- Beck v. FerraraSupreme Court of Missouri · 1853
- Harris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Laclede Construction Co. v. Tudor Iron WorksSupreme Court of Missouri · 1902
- Huston v. TylerSupreme Court of Missouri · 1897
- Fisher & Co. Real Estate Co. v. Staed Realty Co.Supreme Court of Missouri · 1901
26 more not listed; retrieve them via the Exa API.