Edgell v. Sigerson
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This case has heretofore been before this court. (See report of decision 20 Mo. 494.) This was an action on the following promissory note: “ 14,138.50. St. Louis, October 1, 1848. Five years after date, I promise to pay to the order of myself four thousand one hundred and thirty-eight five-hundredths dollars, for value received, without defalcation or discount, negotiable and payable at the Bank of the State of Missouri; with…
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Appeal from St. Louis Court of Common Pleas. This case has heretofore been before this court. (See report of decision 20 Mo. 494.) This was an action on the following promissory note: “ 14,138.50. St. Louis, October 1, 1848. Five years after date, I promise to pay to the order of myself four thousand one hundred and thirty-eight five-hundredths dollars, for value received, without defalcation or discount, negotiable and payable at the Bank of the State of Missouri; with interest from date at six per cent, per annum, interest payable annually. [Signed] John Sigerson.” The petition stated that…
1Opinion of the CourtRichardson, Judge
The integrity of the note was necessarily and directly hi issue in the suit brought to recover the annual instalments *585of interest, and the judgment in that case, having been rendered by a court of competent jurisdiction, determined the question as to the alteration of the note, and was conclusive between the same parties in another suit directly involving the same question. (Greenl. Ev. sec. 528; Kingsland v. Spalding, 3 Barb. Ch. R. 341; Chase v. Walker, 26 Maine, 555; Perkins v. Walker, 19 Verm. 144.)
The only matter then really in issue in this cause was whether the judgment had been…
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- Perkins v. WalkerSupreme Court of Vermont · 1847
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