Walker v. Dunham
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. L..B. Wood-side, Judge. Appellants were merely endorsers of tbe note sued upon, and as such were entitled to notice of tbe presentment, demand, non-payment and protest of tbe note before they could be held liable tbereon. Sessions Acts 1905, sec. 23, p. 251; Bunker Neg. Inst. Law, sec. 65; Crawford’s Ann. Neg. Inst., sec. 64; Cora v. Levy, 89 N. Y. 658; Downey v. O’Keefe et al.
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Appeal from Phelps Circuit Court. — Hon. L..B. Wood-side, Judge. Appellants were merely endorsers of tbe note sued upon, and as such were entitled to notice of tbe presentment, demand, non-payment and protest of tbe note before they could be held liable tbereon. Sessions Acts 1905, sec. 23, p. 251; Bunker Neg. Inst. Law, sec. 65; Crawford’s Ann. Neg. Inst., sec. 64; Cora v. Levy, 89 N. Y. 658; Downey v. O’Keefe et al. (B. I.), 59 Atl. 929. On tbe contention that all tbe parties who placed their names on the note, were prima facie, joint makers, tbe respondent cites tbe following authorities:…
1Opinion of the CourtReynolds, P. J.
(after stating the facts) — As wall be seen by the foregoing’statement, the two questions for determination in this case are, first, whether Section 63, of the Act of the General Assembly of this State, approved April 10, 1905, known as “The Negotiable Instruments Act,” abrogates the rule theretofore announced by our courts, that persons not payees in the. bill, endorsing their names on the back of it, were prima facie joint makers, and second, whether, if The Negotiable Instruments Act does change the law, as theretofore declared by our courts in this respect, the provisions of this new act…
2Cases cited11 opinions
- Coulter v. . RichmondNew York Court of Appeals · 1875
- First National Bank v. Guardian Trust Co.Supreme Court of Missouri · 1905
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
- Powell v. ThomasSupreme Court of Missouri · 1842
- Bacon v. . BurnhamNew York Court of Appeals · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hatten R. Co. v. Baylies Et Ux.Wyoming Supreme Court · 1930
- Mercer v. MarstonLouisiana Court of Appeal · 1925
- Overland Auto Co. v. WintersSupreme Court of Missouri · 1919
- Rudolph Wurlitzer Co. v. RossmannMissouri Court of Appeals · 1916
- Citizens Bank v. HallSupreme Court of Georgia · 1934
9 more not listed; retrieve them via the Exa API.