Harrison v. Nicollet National Bank
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Rea, J., presiding, sustaining a demurrer to the complaint. The action was to recover $20,000 damages for that the defendant on April 14, 1888, and before the-maturity thereof, did “falsely, wrongfully, and maliciously” cause to be protested the following instrument, which had been indorsed and forwarded to defendant for collection, thereby injuring plaintiff’s credit, etc.: “45 Washington Ave.
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Appeal by plaintiff from an order of the district court for Hennepin county, Rea, J., presiding, sustaining a demurrer to the complaint. The action was to recover $20,000 damages for that the defendant on April 14, 1888, and before the-maturity thereof, did “falsely, wrongfully, and maliciously” cause to be protested the following instrument, which had been indorsed and forwarded to defendant for collection, thereby injuring plaintiff’s credit, etc.: “45 Washington Ave. South, HABBISON the TAIL OB. “$199.92. Minneapolis, Minn., Mch. 27th, 1888. “On April 14th pay to the order of E. Harrison…
1Opinion of the CourtMitchell, J.
This appeal presents the question whether a written order on a bank or banker to pay a sum of money at a day subsequent to its date, and subsequent to the date of its issue, is a “cheek,” or a “bill of exchange,” and hence entitled to grace. The •question is one which has given rise to considerable discussion and some conflict of opinion. About all the law there is on it, as well as ■all the arguments on each side, will be found in Morse, Bank. (3d Ed.) § 381 et seq. The two principal authorities holding such an instrument a cheek are In re Brown, 2 Story, 502, and Champion v. Gordon, 70 Pa.…
2Cases cited10 opinions
- In re BrownU.S. Circuit Court for the District of Massachusetts · 1843
- Morrison v. BaileyOhio Supreme Court · 1855
- Minturn v. FisherCalifornia Supreme Court · 1854
- Bowen v. . NewellNew York Court of Appeals · 1853
- Bowen v. . NewellNew York Court of Appeals · 1855
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3Cited by4 opinions
- Rase v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1912
- Peabody v. Citizens State Bank of St. CharlesSupreme Court of Minnesota · 1906
- Estes v. Lovering Shoe Co.Supreme Court of Minnesota · 1894
- Kullberg Manufacturing Co. v. SmithSupreme Court of Minnesota · 1927