Legal Opinion

First National Bank v. Clark

Court of Appeals of Maryland

Decided February 28, 1884PublishedCited by 6 opinions

Appeal from the Superior Court of Baltimore City. This suit was brought by the appellant, a National Bank in the State of Illinois, against the appellee, a commission merchant in the City of Baltimore, to recover the amount of damages alleged to have been sustained because of the failure or refusal of the appellee to pay a ■draft dated the 26th of September, 1882, drawn on him by a certain D. N. Ulm & Go., a firm dealing in grain and ■stock in the State of Illinois, for…

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Appeal from the Superior Court of Baltimore City. This suit was brought by the appellant, a National Bank in the State of Illinois, against the appellee, a commission merchant in the City of Baltimore, to recover the amount of damages alleged to have been sustained because of the failure or refusal of the appellee to pay a ■draft dated the 26th of September, 1882, drawn on him by a certain D. N. Ulm & Go., a firm dealing in grain and ■stock in the State of Illinois, for $150, payable at sight to the order of the appellant, by whom it was discounted. The case is further stated in the opinion…

1Opinion of the CourtRobinson, J.

D. N. Ulm & Co. were engaged in the business of buying and shipping grain at Flora, Illinois; and the appellee was their correspondent in Baltimore.

On the 22nd of September, 1882, Ulm & Co. wrote to the appellee for permission to draw on him for $1500, to which he replied by telegram as follows:

(No. 1.) “ Baltimore, Sept. 26, ’82.

“ On account of decline, you can draw on us for $750 ; will sell spot; hold steamer; is our action satisfactory ?
“Thos. S. Clark & Sons.”

To this Ulm & Co. at once replied:

(No. 2.) “ Flora, Sept. 26, ’82.

“No. Allow draft as required, or turn over bills. Answer quick.…

2Cases cited7 opinions

  1. Coolidge v. PaysonSupreme Court of the United States · 1817
  2. Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
  3. Boyce & Henry v. EdwardsSupreme Court of the United States · 1830
  4. Buschman v. CoddCourt of Appeals of Maryland · 1879
  5. Russell v. WigginU.S. Circuit Court for the District of Massachusetts · 1842

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Stueck v. G. C. Murphy Co.Supreme Court of Connecticut · 1928
  2. Trupp v. WolffCourt of Special Appeals of Maryland · 1975
  3. Baltimore County v. Archway Motors, Inc.Court of Special Appeals of Maryland · 1977
  4. Hardwick Bros. v. KirwanCourt of Appeals of Maryland · 1900
  5. Snyder & Blankfard Co. v. Farmers' BankCourt of Appeals of Maryland · 1940

1 more not listed; retrieve them via the Exa API.

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