Baker v. Block
Supreme Court of Missouri
Appeal from Si. Louis Law Commissioner's Court. I. There is nothing either in the pleadings or the evidence to explain how the Blocks ever could have sustained the relation of endorsers entitled to have demand of payment of other defendant and notice of nonpayment. They stood, prima facie, in the relation of makers of the note. The payee had a right to regard them as personally liable.
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Appeal from Si. Louis Law Commissioner's Court. I. There is nothing either in the pleadings or the evidence to explain how the Blocks ever could have sustained the relation of endorsers entitled to have demand of payment of other defendant and notice of nonpayment. They stood, prima facie, in the relation of makers of the note. The payee had a right to regard them as personally liable. (Powell v. Thomas, 7 Mo. 440 ; Lewis v. Harney, 18 Mo. 74; Perry v. Barrett, 18 Mo. 140; Schneider v. Schiffman, 20 Mo. 571.) If the defendants undertake to excuse themselves from this kind of liability, upon…
1Opinion of the CourtScott, Judge
This was a suit on a note of which the following is a copy: “ St. Louis, March, 1857. One day after date, I promise to pay to the order of Peter Baker, one hundred and fifty dollars, for value received, negotiable and payable without defalcation or discount. [Signed] H. Haquette.” [Endorsed] “ L. Block & Bro.”
L. & E. Block, whose names were endorsed on the note, were sued as joint makers. An instruction was asked by the defendants Block to the effect, that if the note was given for the debt of Haquette, and L. & E. Block signed the same as endorsers without intending to make themselves…
2Cases cited1 opinion
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
3Cited by6 opinions
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- Boyer v. BoogherMissouri Court of Appeals · 1881
- Kingman & Co. v. Cornell-Tebbetts Machine & Buggy Co.Supreme Court of Missouri · 1899
- Western Boatmen's Benevolent Ass'n v. WolffSupreme Court of Missouri · 1869
- Rickey v. DameronSupreme Court of Missouri · 1871
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