Rousch v. Duff
Supreme Court of Missouri
Appeal from, Hannibal Court of Common Pleas. The petition in this case shows no cause of action, and the' motion in arrest of judgment should have been sustained. In the first place' it must be remembered, that the written order named iii the petition (as far as the petition shows) possessed none, or rather few, of the legal attributes of a bill of exchange, and therefore will not be treated witli the respect due to that highly favored commercial papér.
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Appeal from, Hannibal Court of Common Pleas. The petition in this case shows no cause of action, and the' motion in arrest of judgment should have been sustained. In the first place' it must be remembered, that the written order named iii the petition (as far as the petition shows) possessed none, or rather few, of the legal attributes of a bill of exchange, and therefore will not be treated witli the respect due to that highly favored commercial papér. The petition avers a presentment of the order for acceptance, but nowhere avers that' appellants ever accepted the same ; then there is no…
1Opinion of the CourtBates, Judge
Plaintiff states that on the 10th day of December, 1859, the defendants (John Duff and William Osborne) were co-partners under the name and style of John Duff & Co. Plaintiff states that on the 10th day of December, 1858, one John McGuire and A. Swartward drew their certain order *314in writing and directed the same to the defendants, at Hannibal ; and the said order requested said defendants to pay to the plaintiff on the 3d day of January, 1859, the sum of 1297 ; that on said day the said McGuire and Swartward delivered said order to plaintiff, and that plaintiff on said 10th day of December,…
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