Peoples Bank v. Hansbrough
Missouri Court of Appeals
Appeal from St. Erancois Circuit Court. — Ron. James D. Box, Judge. STATEMENT OK THE CASE. The plaintiff filed in a justice’s court the following note, and indorsement thereon, as the statement and basis of its cause of action against the defendant: “ .08 “$10.75 “De Soto, Mo., September 11, 1897. “Ninety days after date I promise to pay $10.75 to the order of People’s Bank of De Soto, value received with interest at the rate of eight per cent per annum from-and if interest…
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Appeal from St. Erancois Circuit Court. — Ron. James D. Box, Judge. STATEMENT OK THE CASE. The plaintiff filed in a justice’s court the following note, and indorsement thereon, as the statement and basis of its cause of action against the defendant: “ .08 “$10.75 “De Soto, Mo., September 11, 1897. “Ninety days after date I promise to pay $10.75 to the order of People’s Bank of De Soto, value received with interest at the rate of eight per cent per annum from-and if interest be not paid annually, to become as principal and bear same rate of interest. Payable at People’s Bank of De Soto,…
1Concurrence
CONCURRING OPINION.
GOODE, J.
I concur in the foregoing opinion. The trial court submitted to the jury, by appropriate instructions, *258the question of the capacity in which the defendant signed the note and telling them that the mere use of the terms “indorser” and “indorsee” by the parties in the discussion of the transaction, without evidence that they were used in a technical sense, was not enough to establish an intention to restrict the defendant’s obligation to that of indorser. They were also instructed that the presumption prima facie was that he was a joint maker if he signed the note…
2Cases cited1 opinion
- Pohle v. DickmannMissouri Court of Appeals · 1896