Haver v. Schwyhart
Missouri Court of Appeals
Appeal from, the Daviess Circuit Court.— Hon. C. H. S. Goodman, Judge. (1) It was necessary that this $5 indorsement should have been made with the knowledge or consent of at least one of the parties liable on the note. Randolph, Com. Paper, sec. 1624, pp. 721-2. And, if no payment was actually made, the statute would not be stayed by an indorsement like this. 3 Randolph, Com. Paper, sec. 1624, p. 722, and cases cited.
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Appeal from, the Daviess Circuit Court.— Hon. C. H. S. Goodman, Judge. (1) It was necessary that this $5 indorsement should have been made with the knowledge or consent of at least one of the parties liable on the note. Randolph, Com. Paper, sec. 1624, pp. 721-2. And, if no payment was actually made, the statute would not be stayed by an indorsement like this. 3 Randolph, Com. Paper, sec. 1624, p. 722, and cases cited. Had Waters been alive, he could have testified as to what Schwyhart did or said in relation to the indorsement, and Schwyhart could have given to the jury his statement of the…
1Opinion of the CourtEllison, J.
This case is here for the second time. It is reported in 39 Mo. App. 303. The question was and is, whether the note was barred by limitation. If the last credit indorsed on the note, was paid within ten years of the institution of this- suit, then the causé was not barred. So there were two issues at the last trial: First, did Winters, the payee, indorse the credit, or have it indorsed, before the note was barred % The burden to show this was on plaintiff, and when shown it made a prima facie case for plaintiff; for, as explained when the case was here before, if the payee enters accredit on…
2Cases cited1 opinion
- Haver v. SchwyhartMissouri Court of Appeals · 1890
3Cited by8 opinions
- Allmon v. AllmonMissouri Court of Appeals · 1957
- Crow v. CrowMissouri Court of Appeals · 1907
- Briscoe v. HuffMissouri Court of Appeals · 1898
- Brown v. CarsonMissouri Court of Appeals · 1908
- Rhodes v. GuhmanMissouri Court of Appeals · 1911
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