Hope v. Barker
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Charles W. Sloan, Judge. The instrument sued on in the first count in petition, not being certain and unconditional as to the amount to be paid, is not a negotiable promissory note. Bank «. Gay, 63 Mo. 33 ; Bank- v. Marlow, 71 Mo. 618; Storr v. Wakefield, 71 Mo. 622; Bank v. Gay, 71 Mo. 627; Samstag v. Conley, 64 Mo. 476; Fitzharris ». Leggatt, 10 Mo.
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Appeal from the Cass Circuit Court. — Hon. Charles W. Sloan, Judge. The instrument sued on in the first count in petition, not being certain and unconditional as to the amount to be paid, is not a negotiable promissory note. Bank «. Gay, 63 Mo. 33 ; Bank- v. Marlow, 71 Mo. 618; Storr v. Wakefield, 71 Mo. 622; Bank v. Gay, 71 Mo. 627; Samstag v. Conley, 64 Mo. 476; Fitzharris ». Leggatt, 10 Mo. App. 527 ; Garretson v. Purdy, 3 Dak. 178; Bullock ®. Taylor, 39 Mich. 237; Meyer v. Hart, 40 Mich. 517 ; Stoeeney v. Thickstun, 77 Pa. 131; Woods ». North, 84 Pa. St. 407; State v. Taylor, 10 O. 378 ;…
1Opinion of the CourtGill, J.
We are asked by this appeal to say whether the following is a negotiable promissory note, viz.:
“§194.25. Lee’s Summit, Mo., December 14,1887.
“ One year after date I promise to pay to the order of Dell Barker, agent, one hundred and ninety-four and twenty-five-hundredths dollars, without interest thereon if paid at maturity. If not paid at maturity to bear ten-per-cent, interest from date. For value received. Negotiable and payable at the Bank of Belton, Belton, Missouri. John E. Watson.”
In my opinion the writing contains, on its face, that certainty as to the amount to be paid necessary to…
2Cases cited8 opinions
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- Cutler v. HowMassachusetts Supreme Judicial Court · 1811
- First National Bank v. MarlowSupreme Court of Missouri · 1880
- McCoy v. GreenSupreme Court of Missouri · 1884
- First National Bank v. JacobsSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Citizens' Savings Bank of Columbus v. LandisSupreme Court of Oklahoma · 1913
- Crump v. BerdanMichigan Supreme Court · 1893
- Brown v. VossenMissouri Court of Appeals · 1905
- Citizens' Bank v. BoozeMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.