Legal Opinion

Cahn v. Dutton

Supreme Court of Missouri

Decided May 15, 1875PublishedCited by 10 opinions

Appeal from Buchanan Circuit Court. Although prima faeie the man who signs his name on the back of the note, not being the payee, is a maker, still he may, by parol, show that he did not sign as maker, but simply as endorser.

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Appeal from Buchanan Circuit Court. Although prima faeie the man who signs his name on the back of the note, not being the payee, is a maker, still he may, by parol, show that he did not sign as maker, but simply as endorser. (Seymour vs. Earrell, 51 Mo., 95; Kimtz vs. Temple, 18 Mo., 71; Mammon vs. Hartman, 51 Mo., 168 ; Ayres vs. Milroy, 53 Mo., 516.) And on this point the evidence was all in favor of app’ellant, and the finding of the court was without any vindication whatever in the testimony. I. It is well settled law in this State, that a party who writes his name on the back of a…

1Opinion of the CourtWagner, Judge

This was an action on a negotiable promissory note payable to the plaintiff, and signed by Don elan and Brown on the face, and on the back by Dutton, the defendant.

Donelan and Brown made no defence, and the defendant filed an answer, in which he stated that he never signed the note as a maker, but admitted that he signed it as an endorser, and he averred that plaintiff knew at the time he received the note that defendant was only endorser thereon.'

To this answer there was a replication denying the averment of knowledge on the part of the plaintiff, that defendant signed the note only as…

2Cited by10 opinions

  1. Faulkner v. FaulknerSupreme Court of Missouri · 1880
  2. Rodney v. WilsonSupreme Court of Missouri · 1877
  3. First National Bank v. PayneSupreme Court of Missouri · 1892
  4. Atkinson v. BennetSupreme Court of Georgia · 1898
  5. Boyer v. BoogherMissouri Court of Appeals · 1881

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