Burnham v. Gosnell
Missouri Court of Appeals
Appeal f rom the JaeJcson Circuit Court. — Hon. James Gibson, Judge. The evidence shows that the note was not indorsed By Reese to Collins, and by Collins to plaintiff, as alleged-in the petition, but that after the execution and delivery of the note by defendant the name of Collins was placed thereon as security or maker. One who places his name on the back of a note of which he is neither payee nor indorsee is prima facie maker.
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Appeal f rom the JaeJcson Circuit Court. — Hon. James Gibson, Judge. The evidence shows that the note was not indorsed By Reese to Collins, and by Collins to plaintiff, as alleged-in the petition, but that after the execution and delivery of the note by defendant the name of Collins was placed thereon as security or maker. One who places his name on the back of a note of which he is neither payee nor indorsee is prima facie maker. Seymour v. Farrell, 51 Mo. 95; 8'emple v. Turner, 65 Mo. -696; Boyer v. Boogher, 11 Mo. App. 130; Bank v. Dunklin, 29 Mo. App. 442. The addition of another name to…
1Opinion of the CourtEllison, J.
This action is based on a promissory note. The evidence tended to show that plaintiff bought it before maturity from the payee who indorsed, it. In addition to the payee’s indorsement was the following indorsement : “C. T. Collins, Security,” made without the defendant’s knowledge or consent after the delivery of the note. The evidence tended to show that Collins owned a part of the note, and that Reese, the payee, asked him to indorse it so that he would share with Mm the responsibility of indorsement.
It is contended that Collins not being a party to the-note by signing on the back made…
2Cases cited6 opinions
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Evans v. ForemanSupreme Court of Missouri · 1875
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- Holthouse v. State ex rel. Ludlow Falls Quarry Co.Indiana Court of Appeals · 1912
- Bank of Moberly v. MealsSupreme Court of Missouri · 1927
- McAtee v. ShadeCourt of Appeals for the Eighth Circuit · 1910
- Adams v. HugginsMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.