Haver v. Schwyhart
Missouri Court of Appeals
Appeal from the Dames s Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) The respondent should have been required at the beginning to show when the credit in dispute was made, and that it was made at a time when it would have been against Waters’ interest to make it or to have it made, or that it was made by or with the consent of Schwyhart and Henry Roberts or one of them. Goddard v. Williamson’s Adm’r, 72 Mo. 131, and other authorities there cited. Loewer v. Haug, 20 Mo.
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Appeal from the Dames s Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) The respondent should have been required at the beginning to show when the credit in dispute was made, and that it was made at a time when it would have been against Waters’ interest to make it or to have it made, or that it was made by or with the consent of Schwyhart and Henry Roberts or one of them. Goddard v. Williamson’s Adm’r, 72 Mo. 131, and other authorities there cited. Loewer v. Haug, 20 Mo. App. 164, is to the same effect as Goddard v. Williamson’s Adm’r just cited. The reason and authorities, which make the…
1Opinion of the CourtEllison, J.
This action was begun May 16, 1887, and is on a promissory note dated February 5, 1870, due six months after date, for one hundred and fifty dollars, with ten per cent, interest from date. The note is endorsed with credits or payments as follows : February 3, 1871, fifteen dollars; February 3, 1872, fifteen dollars; July 1, 1877, five dollars. It does not appear who made, the'endorsements, the only evidence of payment was the endorsements themselves. Judgment was rendered for plaintiff and defendant appeals.
*305Unless the last endorsement was a payment, the note is barred by the statute and the…
2Cases cited10 opinions
- Roseboom v. BillingtonNew York Supreme Court · 1819
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Addams v. SeitzingerSupreme Court of Pennsylvania · 1841
- Loewer v. HaugMissouri Court of Appeals · 1886
- Smith v. SimmsSupreme Court of Georgia · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Caneer v. KentSupreme Court of Missouri · 1938
- Sugent v. Estate of ArnoldSupreme Court of Missouri · 1937
- Wickwire v. ReardWashington Supreme Court · 1951
- Floe v. AndersonWashington Supreme Court · 1923
- Berryman v. BeckerMissouri Court of Appeals · 1913
11 more not listed; retrieve them via the Exa API.