Mammon v. Hartman
Supreme Court of Missouri
Error to Ste. Genevieve Circuit Court. I. Tbe evidence shows the signing of the promissory note by the defendant Johanna Hartman before the delivery thereof to the plaintiff. From the circumstance of the signing of the note by the defendant before delivery to plaintiff, the law-fixes the relations of the parties to the instrument and to each, other, and presumes that the defendant was a maker or comaker.
Read the full summary
Error to Ste. Genevieve Circuit Court. I. Tbe evidence shows the signing of the promissory note by the defendant Johanna Hartman before the delivery thereof to the plaintiff. From the circumstance of the signing of the note by the defendant before delivery to plaintiff, the law-fixes the relations of the parties to the instrument and to each, other, and presumes that the defendant was a maker or comaker. (Powell vs. Thomas, 7 Mo., 440; Lewis vs. Harvey et al., 18 Mo., 74; Perry vs. Barret, Id., 140 ; Schneider vs. Sehiffman, 20 Mo., 571; Baker vs. Block, 30 Mo., 225; Western Boatmen’s…
1Opinion of the CourtWagner, Judge
The plaintiff sued the defendant and one Meyer, as joint makers of a negotiable promissory note.
The defence was, that defendant signed her name on.the back of the note as an endorser, and that plaintiff failed to . present the note at its maturity for payment, or to give her any notice of its non-payment, by reason of which she was discharged.
The only issue made in the case was whether the defendant signed the note as an original maker or as indorser. The trial was before the court, both parties waiving a jury, and after hearing evidence the court found for the defendant.
We see no error in…
2Cases cited3 opinions
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Kuntz v. TempelSupreme Court of Missouri · 1871
- Western Boatmen's Benevolent Ass'n v. WolffSupreme Court of Missouri · 1869
3Cited by4 opinions
- Faulkner v. FaulknerSupreme Court of Missouri · 1880
- First National Bank v. PayneSupreme Court of Missouri · 1892
- Chaffe v. Memphis, Carthage & Northwestern R. R.Supreme Court of Missouri · 1876
- Hubbard v. MossSupreme Court of Missouri · 1877