Overland Auto Co. v. Winters
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Allen C. Southern, Judge. (1) The usual requirements of presentment’ and notice are limited in the case of an accommodated in-dorser by See. 10050 and 10085, R. S. 1909. If, therefore, Winters made the note in question for Strang’s accommodation, Strang, an accommodated indorser, would not he entitled to have the note presented to Winters for payment, if he had reason to expect that the note would not have been paid if presented, and…
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Appeal from Jackson Circuit Court. — Hon. Allen C. Southern, Judge. (1) The usual requirements of presentment’ and notice are limited in the case of an accommodated in-dorser by See. 10050 and 10085, R. S. 1909. If, therefore, Winters made the note in question for Strang’s accommodation, Strang, an accommodated indorser, would not he entitled to have the note presented to Winters for payment, if he had reason to expect that the note would not have been paid if presented, and he would not be -entitled to notice of dishonor. Strang was not an accommodated indorser, but occupied the position of…
1Opinion of the Court
WHITE, C.
This suit is on a promissory note. The judgment in the circuit court of Jackson County was for the plaintiff; the case was appealed to the Kansas City Court of Appeals, where the judgment of •the circuit court was reversed in a majority opinion written by Judge Trimble; Judge Ellisox dissented and caused the case to be certified to this court for final determination.
We cannot do better than to adopt the statement of-the facts and in the main the exposition of -the law by the majority opinion of the Kansas City Court of Appeals :
“Plaintiff, as assignee for value before maturity of a…
2Cases cited13 opinions
- First National Bank v. BickelCourt of Appeals of Kentucky · 1911
- First National Bank v. Guardian Trust Co.Supreme Court of Missouri · 1905
- Faulkner v. FaulknerSupreme Court of Missouri · 1880
- Baumeister v. KuntzSupreme Court of Florida · 1907
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
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3Cited by20 opinions
- State v. ZammarSupreme Court of Missouri · 1957
- State v. ThursbySupreme Court of Missouri · 1952
- Case v. McKinnisOregon Supreme Court · 1923
- State v. TarwaterSupreme Court of Missouri · 1922
- First Nat. Bank v. BachOregon Supreme Court · 1920
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