Townsend v. Chas. H. Heer Dry Goods Co.
Supreme Court of Missouri
Appeal from Greene Circuit Court.—Hon. W. E. Geigeb, Judge, (1) Proof of demand at the place stated in the note is essential as between endorsee suing and endorser sued. 1 Danl. Neg. Ins., 478; Parsons on Notes and Bills, 431; Glasgow v. Pratt, 8 Mo.' 336 ; Faulkner v. Faulkner, 73 Mo. 327 ; Sebree «. Doer, 9 Wheat. 558. Mere knowledge is not notice. 7 Danl. Neg.
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Appeal from Greene Circuit Court.—Hon. W. E. Geigeb, Judge, (1) Proof of demand at the place stated in the note is essential as between endorsee suing and endorser sued. 1 Danl. Neg. Ins., 478; Parsons on Notes and Bills, 431; Glasgow v. Pratt, 8 Mo.' 336 ; Faulkner v. Faulkner, 73 Mo. 327 ; Sebree «. Doer, 9 Wheat. 558. Mere knowledge is not notice. 7 Danl. Neg. Ins. 29. (2). Any indorser may give notice to any prior indorser, provided his own liability has been-fixed by a correct notice, or if he has paid the note in the hands of a subsequent holder. But a voluntary payment in such case is…
1Per curiam
This was a suit on the following note :
“$187.28. Springfield, Mo., Oct. 3,1881.
“ Sixty days after date I promise to pay to the order of Chas. H. Heer Dry Hoods Company One Hundred, Eighty-Seven and 28-100 dollars at my office in Seligman,. Mo., value received.
“(Signed) W. H. Neely.”
“(Endorsed.) Pay to the order of L. S. Moor.
“Chas. H. Heer Dry Hoods Co.
“By Chas. H. Heer, Jr., Secretary and Treasurer.
“L. S. Moor.”
The petition is as follows:
‘ ‘ Plaintiff states that on the the third day of October, 1881, the defendant W. H. Neely made and delivered to the said Chas. H. Heer Dry Hoods Company…
2Cases cited4 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Simmons v. BeltSupreme Court of Missouri · 1865
- Lindsay v. ParsonsSupreme Court of Missouri · 1864
- Potter v. McPhersonSupreme Court of Missouri · 1875
3Cited by5 opinions
- Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886
- Jacobs v. GibsonMissouri Court of Appeals · 1898
- Gustin v. Concordia Fire InsuranceCourt of Appeals of Kansas · 1899
- Johnson v. KauneMissouri Court of Appeals · 1886
- Dailey v. SharkeyMissouri Court of Appeals · 1888