Moore

Action on bill of exchange. May 29, 1895, defendant, in the firm name of J. J. Moore & Co., drew a bill of exchange on the 'City of Melbourne Bank, Limited, at London, England, in favor of plaintiff at San Francisco, and delivered it to the latter bank, receiving therefor its value. The draft was accepted by the drawee in due course, but when presented for payment, at maturity, it was dishonored by the drawee, the latter having suspended. TJpon notice of the dishonor to and demand upon the drawer he refused payment, whereupon plaintiff brought this action and had judgment. Defendant appeals from the judgment and from the order denying his motion for a new trial.

Defendant does not dispute the foregoing facts, but he seeks to exonerate himself from the liability ordinarily attaching to the drawer of a dishonored draft. The facts relied upon are as follows: J. G-. Hay & Co., of Melbourne, Australia, procured from the City of Melbourne Bank, Limited, of Melbourne, a letter of credit for the sum of five hundred pounds sterling, au thorizing defendant, in payment of merchandise to be purchased by defendant for account of Hay & Go. and shipped to the latter, to draw bills upon the City…