Conway v. Campbell
Missouri Court of Appeals
Appeal from the Scotland Circuit Court.- — Hon. Ben. E. Turner, Judge. The notice required by the statute in this case is not an original process, and there is no form of notice, except original process, which may be invalidated by reason of its being served in an improper manner, provided it be received in due time. . Wade on Notice [1 Ed.] sec. 1337; Burdett v. Lewis, 7 C. B. (N. S.) 791. A notice by letter received in a case like this, by due course of mail, is…
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Appeal from the Scotland Circuit Court.- — Hon. Ben. E. Turner, Judge. The notice required by the statute in this case is not an original process, and there is no form of notice, except original process, which may be invalidated by reason of its being served in an improper manner, provided it be received in due time. . Wade on Notice [1 Ed.] sec. 1337; Burdett v. Lewis, 7 C. B. (N. S.) 791. A notice by letter received in a case like this, by due course of mail, is sufficient. Meriden, etc., Co. v. Flory, 7 N. E. Rep. 753; Wade on Notice [1 Ed.] sec. 1337. There can be no question but that the…
1Opinion of the CourtBiggs, J.
This action is brought on a promissory note against the defendants, Robert and Adam Campbell. There was a judgment in the circuit court against both defendants. It was admitted on the trial that Robert Campbell was the principal in the note, and that Adam Campbell signed it as surety. The principal in the note made no defense, but Adam Campbell interposed the defense, that he had served a written notice on the plaintiff to bring suit on the note against the parties liable for its payment, and that the plaintiff had failed to do so within the time required by the statute. The plaintiff denied…
2Cases cited5 opinions
- Rathbun v. AckerNew York Supreme Court · 1854
- Sapington v. JeffriesSupreme Court of Missouri · 1852
- Hyde v. GoldsbyMissouri Court of Appeals · 1887
- Parker v. JohnsonMissouri Court of Appeals · 1886
- Cosgrove v. Tebo & Neosho RailroadSupreme Court of Missouri · 1874
3Cited by12 opinions
- Barnes v. MowryIndiana Supreme Court · 1891
- Dalton v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Allen v. HarnettSupreme Court of Missouri · 1893
- Brooks v. Orchard Land Co.Idaho Supreme Court · 1912
- Allen v. WelchMissouri Court of Appeals · 1907
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