Silverthorne v. Summit Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. (1) (a) If one sues upon a note winch is payable to a third person alleging in the petition an indorsement thereof by the payee to petitioner, the said indorsement must be proven as alleged. Dunlap v. Kelly, 105 Mo. App. 1; Mayer v. Old, 51 Mo. App. 216; Dorn v. Parsons, 56 Mo. 601; Covit v. Thorp, 30 Mo, App. 131, 133, 134; Discount Co. v. Becker, 138 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. (1) (a) If one sues upon a note winch is payable to a third person alleging in the petition an indorsement thereof by the payee to petitioner, the said indorsement must be proven as alleged. Dunlap v. Kelly, 105 Mo. App. 1; Mayer v. Old, 51 Mo. App. 216; Dorn v. Parsons, 56 Mo. 601; Covit v. Thorp, 30 Mo, App. 131, 133, 134; Discount Co. v. Becker, 138 Mo. App. 54; Wade v. Boone, 168 S. W. 360. (b) By alleging tbe indorsement to her plaintiff made that allegation material and could not afterwards be heard to say that it…
1Opinion of the CourtReynolds, P. J.
The amended petition upon which this case was tried sets up as the cause of action that defendant made and executed its promissory note, dated on or about July 29, 1904, payable sixty days after demand, in the principal sum of $3361.40, bearing interest at the rate of seven per cent per annum from date; “that said note was made payable either to the plaintiff or to A. D. Silverthorne and indorsed and delivered by him to the plaintiff, and was delivered either to the plaintiff or the said A. D. Silverthorne for the plaintiff, and that the plaintiff does not know whether the said note was made…
2Cases cited9 opinions
- Brown v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Carter v. ButlerSupreme Court of Missouri · 1915
- Boeka v. NuellaSupreme Court of Missouri · 1859
- Glass v. GelvinSupreme Court of Missouri · 1883
- Dunlap v. KellyMissouri Court of Appeals · 1904
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3Cited by4 opinions
- Franklin Bank v. International Hospital Equipment Co.Missouri Court of Appeals · 1925
- Hollinghausen v. AdeSupreme Court of Missouri · 1921
- Wilcox v. Kansas City Western Railway Co.Court of Appeals of Kansas · 1919
- Goodman v. FreieMissouri Court of Appeals · 1924