Commercial Bank v. Barksdale
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. .This was a suit instituted March 13, 1861, on a bill of exchange, dated at St. Louis, Mo., September 4,1860, made by William H. Barksdale & Co., in favor of John E. Darby, (acceptance waived) on the Park Bank, New York city, for $10,000, at four months, endorsed by Darby.
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Error to St. Louis Court of Common Pleas. .This was a suit instituted March 13, 1861, on a bill of exchange, dated at St. Louis, Mo., September 4,1860, made by William H. Barksdale & Co., in favor of John E. Darby, (acceptance waived) on the Park Bank, New York city, for $10,000, at four months, endorsed by Darby. The petition averred due protest and notice; also that William H. Barks-dale & Co. had no funds at the Park Bank, and that Darby knew this at and before the maturity of said bill. Defendants, William H. Barksdale & Co., denied that the bill was duly presented at maturity to the Park…
1Opinion of the CourtHolmes, Judge
The decision of the case turns mainly upon the validity of the protest. The bill is to be considered as a foreign bill. (Sto. Bills, §§ 22-3.) In cases of foreign bills of exchange, the rule is too well settled to admit of question, that there must be a protest of the bill by a notary public, in all places where such officer is at hand. (Sto. Bills, § 276.) The notarial protest is evidence of presentment, demand, and refusal to pay the bill, at the time and in the manner therein stated. This rule of the law merchant is recognized by statute in this State (R. C. 1855, p. 298, § 20) ; and so…
2Cases cited3 opinions
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- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
- Chenowith & Co. v. ChamberlinCourt of Appeals of Kentucky · 1845
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- Carson National Bank of Auburn v. American National Bank of St. JosephMissouri Court of Appeals · 1930
- Felker v. Metropolitan Life Insurance CompanyMissouri Court of Appeals · 1956
- Commercial Bank of Kentucky v. . VarnumNew York Court of Appeals · 1872
- A. & L. Trading Co. v. Herald Square Bakers & Caterers, Inc.New York Supreme Court · 1963
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