Lewis & Bros. v. Harvey & Stewart
Supreme Court of Missouri
Appeal from St. Louis Court of Common Fitas. This was an action brought by Benjamin W. Lewis and others, composing the firm of Lewis & Brothers, against Harvey & Stewart, upon two promissory notes made by John Wilkerson, and described in the petition as payable to the plaintiffs, “ for value received, without defalcation.’5 The petition stated that the defendants wrote their names on the back of the notes before they were delivered to the plaintiffs, thereby rendering…
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Appeal from St. Louis Court of Common Fitas. This was an action brought by Benjamin W. Lewis and others, composing the firm of Lewis & Brothers, against Harvey & Stewart, upon two promissory notes made by John Wilkerson, and described in the petition as payable to the plaintiffs, “ for value received, without defalcation.’5 The petition stated that the defendants wrote their names on the back of the notes before they were delivered to the plaintiffs, thereby rendering themselves liable as joint makers. The defendants answered that they indorsed the notes at the request of George W. Hanna,…
1Opinion of the CourtGamble, Judge
The promissory notes described in the petition .want the words “ negotiable and payable,” which, under our statute, are necessary to make them negotiable with the like effect aS' inland bills of exchange. They are signed by Wilkerson, made payable to the plaintiffs, and on the back of each the names of the defendants are written by the signature of Harvey & Stewart, which is the style of their firm. The petition charges them as makers of the notes.
1. In this country there has been a very great diversity of opinion in relation to the contract which the law implies, from the fact that an…
2Cases cited3 opinions
- Powell v. ThomasSupreme Court of Missouri · 1842
- Flint v. DaySupreme Court of Vermont · 1837
- Nash v. SkinnerSupreme Court of Vermont · 1840
3Cited by30 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- First National Bank v. Guardian Trust Co.Supreme Court of Missouri · 1905
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
- First National Bank v. PayneSupreme Court of Missouri · 1892
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