Banca Commeriale Italiana Di Genova v. Schlegel & Co.

This action was commenced by plaintiff to recover from the defendant the amount of a foreign draft drawn in plaintiff’s favor and accepted by the defendant. A demurrer to the original complaint was sustained, whereupon an amended complaint was filed setting out more fully the circumstances under which the draft was drawn, but to which a general demurrer was also sustained without leave to amend. The plaintiff prosecutes this appeal from the judgment thereupon entered in defendant’s favor.

The amended complaint alleges that on February 13, 1913, Bonavera & Daffiene, a firm in Italy, executed and delivered to the plaintiff a written instrument negotiable in form and referred to in said pleading as a bill of exchange, whereby they ordered and directed defendant to pay within ninety days after sight to the plaintiff in San Francisco the sum of fes. 3745.90 lawful money of the Republic of France in lawful money of the United States at the rate then existing in San Francisco for sight drafts on Paris; that a bill of lading for certain goods accompanied said draft, which was to be delivered to the defendant upon its presentation and payment; that thereafter on March 17, 1913, the…