Bersch v. Schneider
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’’s Court. This was an action (originally commenced before a justice of the peace) on a due bill or non-negotiable promissory note • for one hundred dollars executed by defendant Schneider in favor of one George Woldsmith and assigned by said Wold-smith to the plaintiff, Bersch. At the trial the plaintiff introduced in evidence the note and proved the assignment to himself.
Read the full summary
Appeal from St. Louis Law Commissioner’’s Court. This was an action (originally commenced before a justice of the peace) on a due bill or non-negotiable promissory note • for one hundred dollars executed by defendant Schneider in favor of one George Woldsmith and assigned by said Wold-smith to the plaintiff, Bersch. At the trial the plaintiff introduced in evidence the note and proved the assignment to himself. The defendant then introduced in evidence certain entries from the docket of Samuel Treadway, a justice of the peace in St. Louis county, in a case wherein Caspar Stalle, Henry…
1Opinion of the CourtRichardson, Judge
The defence set up to defeat a recovery on the note is that a judgment had been recovered against the defendant in a garnishment proceeding under an execution issued on a judgment rendered by Justice Treadway in favor of Caspar Stalle and others, against George Woldsmith, the payee and assignor of the note. The merits of the defence must depend on the validity of the original judgment, for the proceedings that followed after the defendant was garnished can not be upheld unless there was a valid judgment to support them and to authorize .the execution. The transcript of Justice Treadway .does…
2Cases cited2 opinions
- Bigelow v. StearnsNew York Supreme Court · 1821
- State v. MetzgerSupreme Court of Missouri · 1857
3Cited by6 opinions
- Jeffries v. WrightSupreme Court of Missouri · 1873
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Gibson v. VaughanSupreme Court of Missouri · 1875
- Henman v. WestheimerMissouri Court of Appeals · 1905
- Carter v. FlynnMissouri Court of Appeals · 1938
1 more not listed; retrieve them via the Exa API.