Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-08-02
Gallatin Mills SheeIing.
e quote Gallatia Mills sheeting at ekc. cash.


We print below, in full decision Of Supreme cOur
Of Missouri in tie cass Morrison Lakeland Mccartney
rendered ths March term, 1850. Tho Tried
the Court Judge Laeklsnd and the udgmsn
recovered by the plaintiffs, upon which appeal wa
taken the Supreme Court, where it affirmed. tn
excited considerable mercantile and banking
crcsshe main question being whether deay BY the holder Of
check present payment discharges the drawer, and thu
not except the extent the actus
loss any, caused by delay The following The opin
| ion.
suit hr Morrison Lakeland upon check payable
in currency BY defendant upon Clark Brothers
bankers St Louis favor of Bohn Co.. and ndorsed to
plNnt The check dated and delivered 70 SOM Co. on
the I'd October 1857 transferred BY ENDORSEMENT to the
plaintiffs the the day. the draw
until the 29h Of January 1855 when was refused
and duly protested and notice given to the defendant IL
that about O'Clock OF the ID o. ucoper me house CT
October the deendan who had previously SGitby
compromised their suit settled with Clark Hros
and withdrew their dpots The question N o Saso was Weh
the plaintiffs entitled to recover notwithstanding their
failure present check the day altar indoed them
showing drawer suaned injury by DELAY
before brought and within reasonable time
The on thir stated in Commentaries vol
sdon as follows The drawer OF check
nota surety bat the principal debtor ruch t1e maker Of
prossory note The the acknowledgment OF certain
absolute OF :" much money tbs
70 remain till called the drawer suera by the delAy
by failure Of his aIker he has no reason to
pane delay not unreasOnrby prosced II the holder does
uureaSOnAby delay he assumes the risk OF the drawers
failure, and he under such nc D. deemed to
his TO the discharge % he drawer
quite met firm the strict rue OF diligence appl
cable surety, which light stands the ndorser who has
right require diligence Onthe part Of the holder, to Teev
This view o the IL Is adopted by Judge Story the chapter
in his Promssory devoted TO the Of checks
His language Te drawer (f check will at all times
liable 70 pay the sae il the holder
sustained and loss damage from the
omission to demand aym mt at an earlier date OF the bans or
banker on whom the check is DRAM"
case chsck says Judge Story, treated
in sort the principal debtor he not discharged by
laches Of tie holder making due preeoent thereof
giving hin notice disonor unless he has suffered
loss injury thereby and teen only tGntO s. 49,
The doctrine maintained the most recent decisions OF
the highest Of NeS York Little Phoenix Bank, Hill,
AS The opinion OF Judge Cowsn in Harksr Anderson M
Wend S72 has not been sustained In word this nion
prevail generality DO 10 England and in the United
States where the question has arisen Alexander VS. Burcad
scott R, $751; Robinson HauthfOrd, Rep, 81 Byies
on Bills, p IA and note 2.
The justice and policy Of the rule sufficiently obvious and
forcDy alluded to and illustrated BY Judge Story in his
opinion in the matter of Brown q Story 5l6 I the braves
funds, then drawer injured he has funds and
refuses to them the bank still in good credit, as the
to hold him liable the eor Every check is primo dcie
be RVen for value received the drawer and BY
dhonor is to totally exonsrsted he orig
consideration and his funds the hands of the bank bank
enriched at expense Of the holder Of check7 Or
that he shall be deemed hold The money had and
received for the the holder either because he had funds
the bank because be sill retains these funds appropriated
to the Use OF another, for his own use?"
The argument to be concuSVe whether is not just
applicable to bills exchange another necessary
to be Insidered See Edwards Bills, p. 396.
In die Of St John decided hy this court
1885, @ the judgment turned the fact OF loss
the drawer Of the check An opinion expressed h the weight
Of authority recognized distinction between the degree Of dill
required in checks and bills Of exchange in determining
the responsibility Of the drawer However that have beel
a. that time the amount of authority it, have de-
cidedly the other way.
The Of the LIST article Of act concerning
and banking institutions passed in 1857, declares THAT all
drafts money, orders bills exchange and checks drawn
ndiV FIRMS brokers' bankers banking
houses banks brokers, incorporated companies
payable in currency hereby made payable in silver and COLA
the notes Of specie paying banks Of the State Of Missouri and
all such drawn by banks broker incorporated
individual, private firm incorporated
company shall be payable in like manner"
By this provision it is clear that the check upon Clark
Bros payable in spe The inquiry at the trial concerning
the depreciation Of currency from the LIST to the nth Of October
therefore, irrelevant 1t is Of consequence whether the
instructions this subject correct not aimee plain
that the defendant not prudcd By them. It Of
importance the defendant whether deprecated not
during tie period Intervening between the date Of the check and
his withdrawal OF his funds from the house OF Clark Bro since
the check although expressed be paysbein
payable only SPECIE OF specie paying banks Of
this State.
The other judges eoncurrIn., the iudgment is airmed