Hofheimer v. Losen
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. The case is stated in tlie opinion, I. Tire court erred in admitting tkat portion of tke deposition of S. Hofkeimer objected to at tke trial. Wketker plaintiff intended by kis agreement witk Scknarr, tke acceptor, to release defendant was a legal conclusion. II. Tke court erred in rejecting tke transcript of tke record and deposition of Wm. Lockwood.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. The case is stated in tlie opinion, I. Tire court erred in admitting tkat portion of tke deposition of S. Hofkeimer objected to at tke trial. Wketker plaintiff intended by kis agreement witk Scknarr, tke acceptor, to release defendant was a legal conclusion. II. Tke court erred in rejecting tke transcript of tke record and deposition of Wm. Lockwood. If appellant was a joint' maker or acceptor .of tke draft, and a citizen of Illinois at tkat time, ke skould have been made a party to tke suit. Tke testimony skowing, tkat appellant was…
1Opinion of the CourtEllison, J.
This was a suit begun before a justice-of the peace, for a balance of two hundred dollars and. interest, upon the following acceptance, to-wit:
“$271.29. Quincy, Illinois, April 4, 1883.
“Four months after date pay to the order of ourselves, two hundred seventy-one 29-100 dollars. Value-received, and charge same to account of H. Hofheimer & Go.
“To John Schnarr. Security, B. Losen, Quincy;, Ill.”
Across the face of said draft was written the following:
“Accepted April 7th.
“John Schnarr,
“B. Losen, Security.”
On the back of said acceptance is an endorsement in words and figures as follows, to-wit:
“Amo…
2Cases cited10 opinions
- Norris v. HarrisCalifornia Supreme Court · 1860
- Flato v. MulhallSupreme Court of Missouri · 1880
- White v. ChaneyMissouri Court of Appeals · 1886
- Warren ex rel. Warren v. LuskSupreme Court of Missouri · 1852
- Houghtaling v. BallSupreme Court of Missouri · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wyeth Hardware & Manufacturing Co. v. H. F. Lang & Co.Missouri Court of Appeals · 1893
- Clark v. BarnesMissouri Court of Appeals · 1894
- M. W. Kerwin & Co. v. DoranMissouri Court of Appeals · 1888
- Lewis v. City of LibertyMissouri Court of Appeals · 1980
- Bain v. ArnoldMissouri Court of Appeals · 1889
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