Graham v. Farmers & Merchs.' Bank of Los Angeles

Temple, J. Plaintiff sues to recover three hundred and twelve dollars, which he had on general deposit with the defendant, but which defendant refused to pay upon his order.

The defense is that the defendant had paid three drafts guaranteed by plaintiff amounting to four hundred and fifty dollars, which drafts had not been paid by the drawee or drawer, although demand had been made, and that thereupon the bank sequestered the deposit.

The guaranty given by plaintiff was as follows,

“Sacramento, Cal., July 25, 1895.

“ H. J. Fleishman, Cashier F. & M. Bank, Los Angeles, Cal.

“ Dear Sir: This is your authority to honor the draft of E. N. Altland & Company on P. Ruhlman & Company, New York, to cover shipments of three carloads of oranges loaded into fruit growers’ express cars 12,312, 12,332, and 12,324. Said draft not to exceed $150 for each car, or a total of $450 for the three cars.

“I shall hold myself responsible for the payment of this draft by P. Ruhlman & Company on presentation.

“ Yours truly,

“Robt. Graham.”

This was presented to the bank July 29th, with three drafts as follows:

“ $150.00. Los Angeles, Cal., July 27, 1895.

“On demand pay to the order of Farmers & Merchants’ Bank one hundred and fifty — 100 dollars, a-c A. R. L. 5,626, value received, and charge to account of

“No. 65. E. N. Altland.

“ To P. Ruhlman & Co., New York City, N. Y..”

[465]“$150.00. Los Angeles, Cal., July 27, 1895.

“ On demand pay to the order of Farmers and Merchants’ Bank one hundred and fifty — 100 dollars, a-c A. R. L. 4,072, value received, and charge to account of

“No. 64. E. N. Altland.

“To P. Ruhlmau & Co., New York City, N. Y.”

“ $150.00. Los Angeles, Cal., July 29, 1895.