Legal Opinion

McCune v. Belt

Supreme Court of Missouri

Decided March 15, 1866PublishedCited by 6 opinions

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

  1. Hayes v. WardNew York Court of Chancery · 1819

3Cited by6 opinions

  1. McCune v. BeltSupreme Court of Missouri · 1869
  2. Clark v. First National BankMissouri Court of Appeals · 1894
  3. Sweeney v. BixlerSupreme Court of Alabama · 1881
  4. Cummings v. Badger Lumber Co.Missouri Court of Appeals · 1908
  5. Reynolds v. SchadeMissouri Court of Appeals · 1908

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