First National Bank v. Hunt
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court, W. W. Editards, Judge. A promissory note may be negotiable without expressing the time when it is payable. Hall v. Toby, 1 Cent. Rep. 54; 1 Daniel Neg. Inst. [2 Ed.] 72. In argument below, the plaintiff insisted that these notes were non-negotiable. If that is so, the remedy must be exhausted against Shaw before proceeding against Hunt.
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Appeal from the St. Louis County Circuit Court, W. W. Editards, Judge. A promissory note may be negotiable without expressing the time when it is payable. Hall v. Toby, 1 Cent. Rep. 54; 1 Daniel Neg. Inst. [2 Ed.] 72. In argument below, the plaintiff insisted that these notes were non-negotiable. If that is so, the remedy must be exhausted against Shaw before proceeding against Hunt. Samstag v. Cowley, 64 Mo. 476 ; Craham v. Ringo, 67 Mo. 324. The notes are presumed to be dated when made and delivered. 1 Daniel Neg. Inst. [2 Ed.] 72, and authorities cited; Bemj. Chaim. Dig. 22. The…
1Opinion of the CourtRombauer, J.
One Shaw made two promissory notes, in words and figures as follows:
“$1,000.00. St. Louis, Mo.,............, 188..
“ Four months after date I promise to pay Chas. L. Hunt, or order, one thousand and -‡‡¶ dollars, for value received, with interest from maturity at the rate of ten per centum per annum, negotiable and payable, without discount or defalcation.
‘John S. Shaw.”
“$................................... 188..
“After date____promise to pay to the order of Chas. L. Hunt fifteen hundred and dollars, for value received, negotiable and payable, without defalcation or discount, at the..... , with…
2Cases cited10 opinions
- Thompson v. KetchamNew York Supreme Court · 1811
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Looker v. DavisSupreme Court of Missouri · 1870
- Collins v. TrotterSupreme Court of Missouri · 1883
- Bailey v. SmockSupreme Court of Missouri · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- Smith Sand & Gravel Co. v. CorbinWashington Supreme Court · 1914
- Holloway v. Dwelling-House InsuranceMissouri Court of Appeals · 1892
- Ford v. O'DonnellMissouri Court of Appeals · 1890
- Furstenfeld v. FurstenfeldMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.