Langenberger v. Krœger

Citations

• 48 Cal. 147

Syllabus

<p>Alteration in a Draft.—If a person who has no authority to do so, and who is not the agent for the payee for that purpose, writes across the' face of a draft, payable generally in mcney, the words “payable in United States gold coin, it is not such an alteration of the draft as vitiates it.</p> <p>Draft Payable in Currency.—A draft which does not specify the particular kind of money in which it is payable may be paid in legal tender notes.</p> <p>Evidence of Kind of Money Draft is Payable in.—If a draft does not specify the kind of money in which it is payable, evidence cannot be introduced that it was understood and agreed that it should be paid in either gold or silver, nor can a mercantile usage make it payable in gold or silver.</p> <p>Demand of Payment of Draft.—If a draft does not specify the kind of money in which it is made payable, a demand of payment in gold coin, whether by a notary or the holder, is not sufficient to charge the' drawer.</p> <p>Idem.—In the absence of evidence to the contrary, the presumption is that a notary demands payment of a draft in the currency in which it appears on its face to be made payable.</p> <p>Idem.—A demand on the drawee of the payment of a draft does not charge the drawer, if the demand is not in accordance with the tenor of the draft.</p>