Kuntz v. Tempel
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The certificate offered as proof of protest of the note sued upon was incompetent. The petition alleges that the note, according to its tenor and effect, was duly protested on the 16th day of May, 1852. The document offered to make good that allegation bears date at a different day, namely, the 15th day of May, 1852. The allegation and the proof should be identical. (Sto.
Read the full summary
Appeal from St. Louis Circuit Court. I. The certificate offered as proof of protest of the note sued upon was incompetent. The petition alleges that the note, according to its tenor and effect, was duly protested on the 16th day of May, 1852. The document offered to make good that allegation bears date at a different day, namely, the 15th day of May, 1852. The allegation and the proof should be identical. (Sto. Bills, § 288.) If there was no legal protest the indorser is released. Every material averment must be proved as laid. (1 Chit. Plead. 258, 262, 805, 320; Moore et al. v. Platte…
1Opinion of the CourtBliss, Judge
The payee sues the indorser of a promissory note, and the defense is that the indorsement was made for the accommodation of the said payee, and not for that of the maker. The issue was submitted to the court, and judgment was given for the plaintiff. *75The parties were the only witnesses, and they flatly contradicted each other ; the court judged of their credibility as the trial court or jury alone could do, and we are asked to reverse the judgment for alleged errors of law.
First, the certificate of demand and protest was admitted in evidence, when it appeared that the note fell due on the…
2Cases cited8 opinions
- Avery v. StewartSupreme Court of Connecticut · 1816
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- McCune v. BeltSupreme Court of Missouri · 1869
- Vore v. HurstIndiana Supreme Court · 1859
- Powell v. ThomasSupreme Court of Missouri · 1842
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- First National Bank v. Guardian Trust Co.Supreme Court of Missouri · 1905
- Faulkner v. FaulknerSupreme Court of Missouri · 1880
- Hirshfield v. Fort Worth National Bank.Texas Supreme Court · 1892
- Rodney v. WilsonSupreme Court of Missouri · 1877
- First National Bank v. PayneSupreme Court of Missouri · 1892
9 more not listed; retrieve them via the Exa API.