Rolla State Bank v. Pezoldt
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — How. L. B. Woodside, Judge. (1) Where the indorser resides in the town where the hill or note is payable, or there has an office or place of business, and it is known to the holder of the bill or note, the notice óf prote.st must be personal and not by mail.
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Appeal from Phelps Circuit Court. — How. L. B. Woodside, Judge. (1) Where the indorser resides in the town where the hill or note is payable, or there has an office or place of business, and it is known to the holder of the bill or note, the notice óf prote.st must be personal and not by mail. Story on Notes and Bills, p. 316; Norton on Bills and Notes (2 Ed.), pp. 352, 366; Waller v. Bank of Missouri, 8 Mo. 704; Barrett v. Evans, 28 Mo. 331; Gilchrist v. Donnell, 53 Mo. 591. (2) In order to hold the indorser liable on the exception to the general'rule, by showing that notice was received, it…
1Opinion of the CourtBarclay, J.
This action originated before a justice of the peace. It is founded op a negotiable-. promissory note, dated Rolla, Missouri, June 21, 1900., *407at sixty days, for $250 and interest, payable to the order of E. A. Goodhue, and expressed to be forvalue received. It is signed by F. E. Dowd. On the back are indorsements by the payee, Goodhue, and by J. S. Dowd and Julius Pezoldt, successively. The maker and these three indorsers were made defendants in the summons in the justice’s court. Plaintiff, the Rolla State Bank, had judgment before the justice against three of the defendants, the other (J.…
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