Page:Federal Reporter, 1st Series, Volume 2.djvu/129

 122 FEDERAL REPOSTEB. ���Andressen and others v. The First National Bank �OF NORTHFIELD. (Circuit Court, D. Minnesota. Aprll, 1880.) �Bnxs OF ExcHANGH— AocBPTANOi!. — Any act clearly indicating an inten- tion to comply with the request of the drawer of a bill of excliange, as paying part in cash, and issuing certiiicate of deposit for the balance, will constitute an acceptance. �Samb — Samb — Revocation of AccEPTAiraE. — After a bill of exchange has been received, and the proceeds credited to the payee, who presents^ it, the drawee cannot tbereafter, by arrangement with the payee, revoke such acceptance and hold the drawer. �Samb — Repatment bt Dbawkr of Accepted Draft. — Repayment of a �draft in this case by the drawer, having been made in ignorance of facts �showing an acceptance by the drawee, it cannot be regarded as volun- �tary, and the amount thereof may'be recovered from such drawee. • �Action at law, tried before the court without a jury. �Cameron, Losey d Bunn and Oeo. L. dk Chas. E. Otis, for plaintiffa. �Perkins dk Whipple and Gordon E. Cole, for defendant. �Nelson, D. J. This suit is brought to recover from the de- fendant $2,728.49, with interest from October 1, 1878. �The trial is before the court without a jury, and the fol- lowing are the facts : �The plaintiffs, citizens of the kingdom of Norway, are bankers, doing business at Christiania. The firm of Wilson & Jurgens, bankers in the city of La Grosse, Wiseonsin, and the correspondents of the plaintiffs, sent to them a printed list of their correspondents in this country, among whom was the defendant, and authorized the plaintiffs to draw drafta on them, to be paid on account of Wilson & Jurgens. �The plaintiffs drew a draft as foUows : �"For $2,724.87, gold. Christiania, 16th August, 1878. �"Three days after sight pay this first of exchange, (second unpaid), to the order of Mr. Ole Mikkelsen, two thousand seven hundred twenty-four dollars eighty-seven cents, gold, ����