Cabrera

This is an appeal from a judgment in favor of the plaintiff, Manuel Estrada Cabrera, and against the defendant, Thannhauser and Company, a corporation, in an action brought upon three "foreign bills of exchange. The defendant appeals.

In the year 1906, and- for some time prior thereto, appellant was conducting in San Francisco the business of a commission merchant, importer and exporter. During the same period, in the Republic of Guatemala, Triebel and Company had been conducting a similar business. These two firms were correspondents; appellant purchased and sold merchandise and accepted and paid drafts for Triebel and Company in San Francisco, and Triebel and Company performed similar functions for appellant in Guatemala. On the fifth day of September, 1906, Triebel and Company advised appellant that they had drawn six drafts on appellant in favor of the respondent, who was then president of the Republic of Guatemala, five drafts for five thousand dollars each and one for $3,587, a total of $28,587. By the same letter Triebel and Company remitted to appellant thirteen drafts on two ¡business concerns in Hamburg, Germany (these last-mentioned drafts are hereinafter referred to…