Lockhart v. Moss
Missouri Court of Appeals
Appeal from the Stodda/rd Circuit Court. — Hon. John. G-. Weak, Judge. (1) The order referred to in plaintiff’s statement was a “bill of exchange,” if it was anything. Tiedeman on Commercial Paper, sec. 2; Pouch v. Duff, 35 Mo. 312; Lee v. Porter, 18 Mo.
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Appeal from the Stodda/rd Circuit Court. — Hon. John. G-. Weak, Judge. (1) The order referred to in plaintiff’s statement was a “bill of exchange,” if it was anything. Tiedeman on Commercial Paper, sec. 2; Pouch v. Duff, 35 Mo. 312; Lee v. Porter, 18 Mo. App. 383. No action could be maintained upon such instrument by plaintiff, unless-accepted by defendant in writing, and there is no-statement or proof of such acceptance by defendant-Revised Statutes, secs. 719, 720; Lee v. Porter, 18 Mo. App. 377, 383. And it was not delivered and retained for acceptance for twenty-four hours, or for any…
1Opinion of the CourtBond, J.
— This action was brought before a justice of the peace upon the following statement:
“State oe Missouri, 1 “County of Stoddard. J
“James Lockhart' upon his oath says that Thomas J. Moss owes him $18 upon one order which is due him and unpaid; which said order is now in the possession of defendant. James Lockhart.
“Sworn to and subscribed before me this the twenty-eighth day of October, 1887.
“M. L. Crabtree, “Justice of the Peace.”
Judgment was recovered by the respondent both in the justice’s court and in the circuit court.
The cause was tried in the circuit court without'the intervention of a…
2Cases cited3 opinions
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Dahlgren v. Yocum Bros.Missouri Court of Appeals · 1891
- Gregg v. DunnMissouri Court of Appeals · 1889
3Cited by1 opinion
- Dickinson v. MarshMissouri Court of Appeals · 1894