Page:Federal Reporter, 1st Series, Volume 2.djvu/131

 12e FEDERAL REPORTER. �The draft was returned to Andressen & Co., with the pro- test, and the following letter from Ole Mikkelsen: �"NoRTHFiBLD, Sept. 18, 1878. '^Messrs. N. A. Andressen e Co., Christiania: �"Deab Sies: The draft> $2,724.87, I bought from you on the sixteenth of August, has been protested on the ground . that Messrs. Wilson & Jurgens, of La Crosse, became insol- vent. I return this to you through the First National Bank of this eity, and Messrs. Knauth, Machod & Kuhne, of New York, for collection. �"I have bargained for a farm here, and hope there will be no delay in collecting the amount of the draft. �"Yours, etc., �"Ole Mikkelsen." �The plaintiffs, believing that the defendant had not paid the di*aft as it asserted, and that Wilson & Jurgens had not been able to pay, on account of insolvency, when returned to them, paid it. �On discovering from a correspondence with the assignee in bankruptcy and others the facts, suit is brought to recover from defendant the amount paid. �CONCLUSIONS. �The draft on its face indicated that it was drawn for the account of Wilson & Jurgens, and if not paid for any reason by the drawee, the holder could apply to Wilson & Jurgens for payment. �Defendant was not authorized to pay for the account of the drawers. �The directions being clear the defendant could not pay the draft and charge the drawers. �The facts proved establish an acceptance of the draft, charging Wilson & Jurgens with the amount; issuing to the payee, with his consent, a certiacate of deposit for ail but a small portion, which was paid in money. This was a pay- ment as to the drawers, and when thus made cannot be revoked by the drawee so as to charge them. ����