Belestin v. First National Bank
Missouri Court of Appeals
Appeal from Jackson Cironit Court.—Hon. 0. A. Lucas, Judge. As between tbe drawer and tbe payee of a draft tbe law of tbe place of making tbe contract is tbe law that governs tbe liability of tbe drawer to tbe payee. And tbe place of performance, as between drawer and payee is tbe place where the drawer resides and issues the draft.
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Appeal from Jackson Cironit Court.—Hon. 0. A. Lucas, Judge. As between tbe drawer and tbe payee of a draft tbe law of tbe place of making tbe contract is tbe law that governs tbe liability of tbe drawer to tbe payee. And tbe place of performance, as between drawer and payee is tbe place where the drawer resides and issues the draft. Seabright v. Calbraith, 4 Dallas, 325; Du Costa v. Cole, Skinners Reports, 272; Aimsinck v. Rogers, 189 N. Y. 252; Tilden v. Blair, 88 U. S. 241; Am. & Eng. Ency. (2d Ed.), pp. 1346 and 1348; 17 Cyc., pp. 639 and 648; Carnegie v. Morrison, 2 Met-calf, 381-387;…
1Opinion of the CourtEllison, P. J.
Plaintiff, living at Kansas City, Missouri, had a brother named Macke Belestin who lived in Tripolis, Greece and he desired to send to his brother a draft on a London banking house for sixty pounds. He went to the defendant bank in Kansas City on the second of April, 1906, and procured its bill of exchange on a London bank for sixty pounds, paying to defendant $294; and on the same day he mailed it to his brother in Greece. The brother received the letter but the draft had been taken out. On the eighteenth of May 1906, the bill was presented for payment to the bank in London with the name,…
2Cases cited6 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Amsinck v. . RogersNew York Court of Appeals · 1907
- Everett v. . VendryesNew York Court of Appeals · 1859
- Guernsey v. Imperial Bank of CanadaCourt of Appeals for the Eighth Circuit · 1911
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3Cited by1 opinion
- Louis-Dreyfus v. Paterson Steamships, Ltd.Court of Appeals for the Second Circuit · 1930