Vogel v. Starr
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Not. George W. Wanamalcer, Judge. (1) When notice of dishonor is mailed, it should be directed to the endorser at his nearest postoffice. Randolph on Com. Paper, sec. 1279; Ireland v. Kip, 11 Johns. 231; Perris v. Saxton, 1 South. 1 (N. J.); Bank v. McGruder (Md.), 6 Harr. & J. 172, 14 Am. Dec. 271-6; Foreman v. Wikoif, 16 La. 20, 35 Am. Dec. 212; Gist v. Lybrand, 3 Ohio 307, 17 Am. Dec. 595; Mead v. Carnal (La.), 6 Rob., 73, 39 Am.
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Appeal from Grundy Circuit Court. — Not. George W. Wanamalcer, Judge. (1) When notice of dishonor is mailed, it should be directed to the endorser at his nearest postoffice. Randolph on Com. Paper, sec. 1279; Ireland v. Kip, 11 Johns. 231; Perris v. Saxton, 1 South. 1 (N. J.); Bank v. McGruder (Md.), 6 Harr. & J. 172, 14 Am. Dec. 271-6; Foreman v. Wikoif, 16 La. 20, 35 Am. Dec. 212; Gist v. Lybrand, 3 Ohio 307, 17 Am. Dec. 595; Mead v. Carnal (La.), 6 Rob., 73, 39 Am. Dec. 332; Sander-son v. Reinstadler, 31 Mo. 483; Woods v. Neeld, 44 Pa. St. 86; Bank v. Compton, 3 Rob. 4; Nicholson y.…
1Opinion of the CourtJohnson, J.
Action against the endorser of a negotiable promissory note. The failure of the holder to give proper notice of dishonor is the defense interposed. Trial was before the court without the aid of a jury; judgment was entered for defendant and plaintiff appealed.
The note in question is as follows:
■“$45. Trenton, Mo., Oct. 7, 1895.
“One year after date, I promise to pay to the order -of O. J. Starr, forty-five dollars, for value received with interest at the rate of eight per cent per annum from date, until paid, and if not paid annually, the same to become a part of the principal and bear the…
2Cases cited9 opinions
- Young v. HudsonSupreme Court of Missouri · 1889
- Linville v. WelchSupreme Court of Missouri · 1859
- Fugitt v. NixonSupreme Court of Missouri · 1869
- Barret v. EvansSupreme Court of Missouri · 1859
- Bank of Missouri v. BredowSupreme Court of Missouri · 1862
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3Cited by2 opinions
- Hays v. General Assembly American Benevolent Ass'nMissouri Court of Appeals · 1907
- McGrath v. FrancoliniCity of New York Municipal Court · 1915