Christian County Bank v. Goode
Missouri Court of Appeals
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
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- Croskey v. SkinnerIllinois Supreme Court · 1867
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3Cited by6 opinions
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- Chandler v. CalvertMissouri Court of Appeals · 1901
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