Legal Opinion

Christian County Bank v. Goode

Missouri Court of Appeals

Decided February 24, 1891PublishedCited by 6 opinions

Appeal from the Christian Circuit Court, — Hon. W. D. Hubbard, Judge. (1) The instrument sued on is negotiable; the words “with exchange” are surplusage because the bill was drawn at Rogersville, Missouri, and was payable at the same place. 1 Daniel on Neg. Inst. [3 Ed.] p. 57, sec. 54. Nor do the words, “ interest from date if not paid when due,” render it non-negotiable. The rule of precision as to amount applies to principal and not to interest. 1 Daniel on Neg.

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Appeal from the Christian Circuit Court, — Hon. W. D. Hubbard, Judge. (1) The instrument sued on is negotiable; the words “with exchange” are surplusage because the bill was drawn at Rogersville, Missouri, and was payable at the same place. 1 Daniel on Neg. Inst. [3 Ed.] p. 57, sec. 54. Nor do the words, “ interest from date if not paid when due,” render it non-negotiable. The rule of precision as to amount applies to principal and not to interest. 1 Daniel on Neg. Inst. [3 Ed.] p. 59, sec. 54a. The principal is certain in amount, and, therefore, this •case is entirely different from those in…

1Opinion of the CourtBiggs, J.

The plaintiff sued the defendant on the following instrument:

“ Thomas E. Hall, Business Manager,'
“Hall & Company, Kansas City, Mo. “ Rogersville, Mo., July 27,1889.
“November 1, afterdate pay to the order of Thomas E. Hall one hundred dollars ($100), with exchange and eight-per-cent, interest from date, if not paid when due, value received, and charge to the account of
“Hall & Co.,
“By Tiiomas E. Hall.
“ To D. H. Goode, Roger smile, Mo.
“Accepted.
“D. H. GrOODE.”

On the back of the bill was this indorsement:

“Pay Christian County Bank,
“Hall & Co.,
“By Thomas E. Hall.”

The 'allegation in the original…

2Cases cited9 opinions

  1. First National Bank v. GaySupreme Court of Missouri · 1876
  2. First National Bank v. MarlowSupreme Court of Missouri · 1880
  3. Hill v. ToddIllinois Supreme Court · 1862
  4. Clauser v. StoneIllinois Supreme Court · 1862
  5. Croskey v. SkinnerIllinois Supreme Court · 1867

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Security Trust & Savings Bank of Charles City v. GleichmannSupreme Court of Oklahoma · 1915
  2. Flagg v. School District, No. 70North Dakota Supreme Court · 1894
  3. Culbertson v. NelsonSupreme Court of Iowa · 1895
  4. Murphy v. HolliwayMissouri Court of Appeals · 1929
  5. Chandler v. CalvertMissouri Court of Appeals · 1901

1 more not listed; retrieve them via the Exa API.

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