Lancaster v. Collins
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. On the 29th of September, 1873, Henry E. Collins executed and delivered to the Big Muddy Iron Company his promissory note, payable ninety days after date, to its order, for $10,000. It was indorsed successively by the company, by Thomas O’Reilly, by Amelia Collins, and by Richard D. Lancaster. From the latter it passed to the National Bank of the State of Missouri.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. On the 29th of September, 1873, Henry E. Collins executed and delivered to the Big Muddy Iron Company his promissory note, payable ninety days after date, to its order, for $10,000. It was indorsed successively by the company, by Thomas O’Reilly, by Amelia Collins, and by Richard D. Lancaster. From the latter it passed to the National Bank of the State of Missouri. The bank obtained a judgment on it against the Company, and O’Reilly, and Henry E. Collins, and Lancaster, for $11,290.68 and costs. O’Reilly…
1Opinion of the CourtJustice Blatchford
After stating the facts in the language reported above, he continued :
It is contended that the answer alleges that the agreement made by Collins with Lancaster was made with the latter as president of the company, and that it does not allege any agreement by Lancaster personally, to take the stock subscribed for by Collins and pay the note, while the verdict was rendered for the defendant on the theory that there was such an agreement by Lancaster personally. We think that a fair construction of the answer, in view of the history of the case, as given in the evidence, is, that' it alleges…
2Cases cited8 opinions
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