Eggemann v. Henschen
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The indorser, having assented to the release of his maker, is not discharged. (Mont. Comp., 36; Sto. Bills, 430; Lewis vs. Jones, 4 B. & Or., §515; Sto. Pro. Notes, 427; Edw. Bills & N., 291.)
1Opinion of the CourtAdams, Judge
This was an action by the plaintiff as holder, against the defendant as indorser, of the following negotiable promissory note:
“St. Louis, December, 1st, 1867.
Three years after date, we promise to pay to the order of C. H. Henschen, One Thousand Dollars, for value received, negotiable and payable without defalcation or discount with interest at the rate of eight (8) per centum per annum:
Henschen, Erite, & Co.
Indorsed, “O. H. Henschen.”
At maturity this note was duly protested for non-payment and due notice thereof served on the defendant.
The defense relied on was, that the note' before maturity…
2Cases cited1 opinion
- Diermeyer v. HackmanSupreme Court of Missouri · 1873
3Cited by4 opinions
- Brown v. CroyMissouri Court of Appeals · 1898
- Phenix National Bank v. HanlonMissouri Court of Appeals · 1914
- Laumeier v. HallockMissouri Court of Appeals · 1903
- Broadway Savings Bank v. SchmuckerMissouri Court of Appeals · 1879