Workingmen's Banking Co. v. Blell
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. To constitute .waiver, the same must be made upon full knowledge of facts. Edwards on Bills, sec. 870; Story on Promissory Notes, secs.-274, 361, 362; Faulkner v. Faulkner, 73 Mo. 337. They must evince an intention to waive.. Bank v. McGuire, 33 Ohio St. 295. The intention must be clear and unequivocal.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. To constitute .waiver, the same must be made upon full knowledge of facts. Edwards on Bills, sec. 870; Story on Promissory Notes, secs.-274, 361, 362; Faulkner v. Faulkner, 73 Mo. 337. They must evince an intention to waive.. Bank v. McGuire, 33 Ohio St. 295. The intention must be clear and unequivocal. Daniels on Negotiable Instruments, sec. 1091; Story on Bills, secs. 272, 275, 280, 365; Bank v. McGuire, supra; Faulkner v. Faulkner, stipra. There must be an unconditional promise to pay. Daniels on Negotiable…
1Opinion of the CourtRombauer, P. J.
— The plaintiff, who is the indorsee of a negotiable promissory note, recovered a judgment against the defendant, who is its indorser. The defendant appeals, and assigns for error that the judgment is not supported by substantial evidence. As there was no objection to any part of the evidence, and no instruction was asked, except one in the nature of a demurrer to the evidence, the only question presented by this appeal is whether the judgment can be supported on any theory of the evidence, and admissible inferences arising therefrom.
The petition concedes that- no presentation of the *412note was…
2Cases cited9 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- State Bank v. BartleSupreme Court of Missouri · 1893
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Salisbury v. Renick & PetersonSupreme Court of Missouri · 1869
- Belt v. GoodeSupreme Court of Missouri · 1860
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3Cited by3 opinions
- Belch v. RobertsMissouri Court of Appeals · 1915
- Orthwein v. NolkerSupreme Court of Missouri · 1921
- Laumeier v. HallockMissouri Court of Appeals · 1903