Union National Bank v. Hunt
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This is an action on a promissory note made by the defendant, Theodore Hunt, and indorsed by Charles L-Hunt. There is an allegation that the indorser waived demand and notice. As to this the jury found for the indorser, and as to his liability nothing more need be said.
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Appeal from St. Louis Court of Appeals. This is an action on a promissory note made by the defendant, Theodore Hunt, and indorsed by Charles L-Hunt. There is an allegation that the indorser waived demand and notice. As to this the jury found for the indorser, and as to his liability nothing more need be said. The petition alleges that the defendant Theodore Hunt purchased of Aull & Pollard one hundred shares of stock in the bank of the corporation plaintiff, at eighty cents on the dollar, in consideration of which, a note at four months for $8,000, made by Theodore and indorsed by Charles…
1Opinion of the CourtHenry, J.
We are satisfied with the conclusion reached by the court of appeals, but differ from that court with respect to the doctrine announced in the following paragraph of its opinion : “He, Theodore Hunt, chose to Lake the opinion of the officers of the bank, as to its condition, without any effort to get at facts on which the opinion might be based. There was here no exercise of ordinary *445diligence and attention.” Neither Peers v. Davis, 29 Mo. 186, nor Matlock v. Meyers, 64 Mo. 581, cited by the court of appeals as sustaiñing that proposition, supports it, while the contrary was expressly ruled…
2Cases cited2 opinions
- Wannell v. KemSupreme Court of Missouri · 1874
- Clark v. MitchellSupreme Court of Missouri · 1877
3Cited by17 opinions
- State ex rel. Wellford v. WilliamsTennessee Supreme Court · 1903
- Hoock v. BowmanNebraska Supreme Court · 1894
- Cantley v. PlattnerMissouri Court of Appeals · 1934
- Selle v. WrigleyMissouri Court of Appeals · 1938
- St. Louis Drug Co. v. RobinsonSupreme Court of Missouri · 1883
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