Shirt v. Overjohn
Supreme Court of Missouri
Error to Linn Cirouit Court. 1. After .defendant had advertised the note in a newspaper, he placed his name on tbe back of the note, thereby ratifying his own act; and the endorsement or acceptance of a note or bill is an admission of tbe truth of ail tlie facts which are re: cited in it. (1 Greeni. Ev., § 196; lPhill. Ev., 36éand n. 1.) Defendant was guilty of gross negligence and is estopped from taking advantage of his culpable conduct. (2 Par.
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Error to Linn Cirouit Court. 1. After .defendant had advertised the note in a newspaper, he placed his name on tbe back of the note, thereby ratifying his own act; and the endorsement or acceptance of a note or bill is an admission of tbe truth of ail tlie facts which are re: cited in it. (1 Greeni. Ev., § 196; lPhill. Ev., 36éand n. 1.) Defendant was guilty of gross negligence and is estopped from taking advantage of his culpable conduct. (2 Par. Conts., 797, 798, and n. w.) He had a remedy by injunction (Hill. Inj., 631, 632; 2 Sto. Eq., 906; Will.Eq., 356, 360); and should have stopped the…
1Opinion of the CourtHough, Judge
This was an action instituted by Shirts, before a justice of the peace against the defendant, Overjohn, as maker of a promissory note for $200, dated October 19, 1872, and payable twelve months after date, to the order of T. England. There was a judgment for the plaintiff before the justice, and defendant appealed to the Linn County Common Pleas Court. At the trial in the Common Pleas Court, the note was read in evidence without objection, together with an endorsement and guarantee in blank by T. England, and also the following-endorsement: “Credit fifty dollars on October 28th, 1872. H.…
2Cases cited7 opinions
- Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
- Chapman v. . RoseNew York Court of Appeals · 1874
- Gibbs v. LinaburyMichigan Supreme Court · 1871
- Douglass v. MattingSupreme Court of Iowa · 1870
- Briggs v. EwartSupreme Court of Missouri · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- First National Bank v. StanleyMissouri Court of Appeals · 1891
- Green v. WilkieSupreme Court of Iowa · 1896
- State v. BrooksSupreme Court of Missouri · 1889
23 more not listed; retrieve them via the Exa API.