Corbyn v. Brokmeyer
Missouri Court of Appeals
Appeal from the Cooper Circuit Court.—lion. T. B. Robinson, Judge. (1) The writing on the back of the note is the joint and several contract of the defendant and Schnedler. Norris v. Spencer, 18 Me. 321; 1 Am. and Eng. Ency. of Law [2 Ed.], p. 101; Edwds. on Bills and Pr. Notes [2 Ed.], top p. 611 and note 2. (2) Although at common law it would be a joint contract or undertaking, it is to be construed under the statute of this state as joint and several.
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Appeal from the Cooper Circuit Court.—lion. T. B. Robinson, Judge. (1) The writing on the back of the note is the joint and several contract of the defendant and Schnedler. Norris v. Spencer, 18 Me. 321; 1 Am. and Eng. Ency. of Law [2 Ed.], p. 101; Edwds. on Bills and Pr. Notes [2 Ed.], top p. 611 and note 2. (2) Although at common law it would be a joint contract or undertaking, it is to be construed under the statute of this state as joint and several. R. S. 1889, see. 2381; Maddox v. Duncan, 143 Mo. 619, loe. cit.; Paper Co. v. Bosbyshell, 11 Mo. App. 540, 511; 1 Dank on Nego. Inst., sec.…
1Opinion of the CourtSmith, P. J.
On January 10, 1883, one Charles Wassman executed his negotiable promissory note to August Schnedler for five hundred dollars, due two years after the-date thereof, bearing eight per cent interest to be compounded. It stands admitted by the defendant’s answer that Schnedler, the payee, offered to sell said note to plaintiff and' that the defendant on November 19, 1883, at the request and for the accommodation of said payee, and in consideration of' the purchase thereof by plaintiff, did indorse his name upon the back of said note; and that thereafter the said payee transferred and delivered…
2Cases cited14 opinions
- Graham v. RingoSupreme Court of Missouri · 1878
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
- Reeds v. MortonSupreme Court of Missouri · 1846
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3Cited by6 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Bank of Moberly v. MealsSupreme Court of Missouri · 1927
- Purdy v. MareeCalifornia Court of Appeal · 1939
- Thompson v. BrownMissouri Court of Appeals · 1906
- Regan v. WilliamsMissouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.