McCune v. Belt
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit upon a bill of exchange, dated St. Louis, Oct. 23, 1860, drawn by defendants, in favor of the plaintiff, upon Jno. J. Anderson & Co., and accepted by them, payable sixty days after date, at the Bank of Commerce, New York, for $5,000, protested for non-payment. The petition alleged protest and notice to defendants.
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Appeal from St. Louis Circuit Court. This was a suit upon a bill of exchange, dated St. Louis, Oct. 23, 1860, drawn by defendants, in favor of the plaintiff, upon Jno. J. Anderson & Co., and accepted by them, payable sixty days after date, at the Bank of Commerce, New York, for $5,000, protested for non-payment. The petition alleged protest and notice to defendants. The supplemental and amended answer, upon which the case was tried, denied notice of presentment, demand and protest; alleged that plaintiff endorsed said bill for accommodation of acceptors before defendants signed as drawers,…
1Opinion of the CourtWagner, Judge
The giving of notice to the drawer and endorser of a bill of exchange, as well as presentment for demand, is unquestionably a condition precedent to fixing their liability. No precise form or particular language is necessary in the notice; but it will be sufficient, if, either by express terms or by the *291necessary or natural implication of the language used, it contains in substance a true description of the bill, with a statement of its true presentment and dishonor, and that the holder or other person looks to the party to whom the notice is sent for indemnity — Sto. Rills, § 390. An…
2Cases cited1 opinion
- Hayes v. WardNew York Court of Chancery · 1819
3Cited by6 opinions
- McCune v. BeltSupreme Court of Missouri · 1869
- Clark v. First National BankMissouri Court of Appeals · 1894
- Sweeney v. BixlerSupreme Court of Alabama · 1881
- Cummings v. Badger Lumber Co.Missouri Court of Appeals · 1908
- Reynolds v. SchadeMissouri Court of Appeals · 1908
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