Legal Opinion

Jaccard v. Anderson

Supreme Court of Missouri

Decided March 15, 1862PublishedCited by 10 opinions

Appeal from St. Louis Circuit Court. I. The petition is fatally defective. a. It does not show the note declared on to be negotiable by the law of this State. (R. O. 1855, p. 295, § 15.) It does not set out the words which give the note negotiability. b. It contains no averment of demand and refusal, or of facts -which excuse the laches of the holder. The averment that said note was not protested at defendant’s instance and request, he waiving protest, is insufficient.

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Appeal from St. Louis Circuit Court. I. The petition is fatally defective. a. It does not show the note declared on to be negotiable by the law of this State. (R. O. 1855, p. 295, § 15.) It does not set out the words which give the note negotiability. b. It contains no averment of demand and refusal, or of facts -which excuse the laches of the holder. The averment that said note was not protested at defendant’s instance and request, he waiving protest, is insufficient. Presentment and demand and protest are distinct things in determining the sufficiency of a pleading. The petition, therefore,…

1Opinion of the CourtDbyden, Judge

The plaintiffs, as the last endorsers of a promissory note, sue the defendant, as first endorser. Their petition is as follows, viz:

“Eugene Jaccard, Augustus Mermor and D. Constant Jaccard, plaintiffs, v. William C. Anderson, Jr., defendant.

In St. Louis Circuit Court, St. Louis county.

“ Plaintiffs, by Alex. J. P. Garesché, their attorney, state that they are partners, associated together as E. Jaccard & Co.; that Washington King, by his negotiable note herewith filed, dated April 16th, 1856, promised to pay to defendant, or his order, one thousand dollars, one year after date; that defendant…

2Cited by10 opinions

  1. Bateson v. ClarkSupreme Court of Missouri · 1865
  2. Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886
  3. Overland Auto Co. v. WintersSupreme Court of Missouri · 1919
  4. Richardson v. SniderIndiana Supreme Court · 1880
  5. Stid v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1908

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