Garesché v. Chouteau
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The plaintiff sued the defendants, as assignors of a note, as follows: 13,150. Oquaka, III., October 13,1859. One year after date, I promise to pay to the order of P. Chouteau, Jr., & Co., at their office in St. Louis, Mo., thirty-one hundred and fifty dollars, value received. S. S. Phelps. [Endorsed.] Pay to the order of Alexander J. P. Garesché, executor of Victoire Labadie, deceased. P. Chouteau, Jr., & Co., by Wm. Moffitt.
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Appeal from St. Louis Circuit Court. The plaintiff sued the defendants, as assignors of a note, as follows: 13,150. Oquaka, III., October 13,1859. One year after date, I promise to pay to the order of P. Chouteau, Jr., & Co., at their office in St. Louis, Mo., thirty-one hundred and fifty dollars, value received. S. S. Phelps. [Endorsed.] Pay to the order of Alexander J. P. Garesché, executor of Victoire Labadie, deceased. P. Chouteau, Jr., & Co., by Wm. Moffitt. Victoire Labadie’s Ex’r, 17 Oct. ’60, one hundred and fifty dollars on account. Protest waived. P. Chouteau, Jr., & Co., by Wm.…
1Opinion of the CourtHolmes, Judge
The note sued on was drawn payable to the order of the defendants, the payees, who endorsed it to the plaintiff. It was not expressed to be for -value received, nor did it contain the words “ negotiable and payable, without defalcation.” The decision of the case depends upon the construction of the instructions which were given for the plaintiff. They are predicated upon the assumption that the note imported a valuable consideration, both as between the maker and payees, and as between the endorsee and endorsers. The question is whether this construction be correct under the statute…
2Cases cited6 opinions
- Pacific Cable Construction Co. v. McNattWashington Supreme Court · 1891
- Bristol v. WarnerSupreme Court of Connecticut · 1848
- Dick v. LairdU.S. Circuit Court for the District of District of Columbia · 1837
- Whisler v. BraggSupreme Court of Missouri · 1860
- Odell v. PresburySupreme Court of Missouri · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Weil v. TylerSupreme Court of Missouri · 1866