Schneider v. Schiffman
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. Action upon a note negotiable under the statute, given by Mochel, payable to Philip Burg or order, and by Burg endorsed to the plaintiff before maturity. The name of the defendant, Schiffman, was written upon the back of the note prior to the endorsement.
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Appeal from St. Louis Court of Common Pleas. Action upon a note negotiable under the statute, given by Mochel, payable to Philip Burg or order, and by Burg endorsed to the plaintiff before maturity. The name of the defendant, Schiffman, was written upon the back of the note prior to the endorsement. Evidence was offered that he put his name on the note as endorser, and the court below found such to be the fact, and declared that the plaintiff could not recover against him, though it was further found that the plaintiff, when he took the no.te, had no knowledge of the character in which…
1Opinion of the CourtLeonard, Judge
It is the settled doctrine of this court (Powell v. Thomas, 7 Mo. Rep. 440 ; Lewis & Brothers v. Harvey, 18 Mo. Rep. 74,) and cannot now be disturbed, that a party putting his name on the back of a negotiable note to which, at the time, he is not a party, either as maker or payee, is liable prima facie as maker ; but that, as between parties entitled to look into the *572real transaction that resulted in his signature, it may be shown that he signed as endorser, and so incurred a conditional liability only. The question in the present case is, whether this may also be shown against a party who…
2Cases cited2 opinions
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Powell v. ThomasSupreme Court of Missouri · 1842
3Cited by15 opinions
- Good v. MartinSupreme Court of the United States · 1877
- First National Bank v. PayneSupreme Court of Missouri · 1892
- Rothschild v. GrixMichigan Supreme Court · 1875
- Mastin Bank v. HammersloughSupreme Court of Missouri · 1880
- Chaffe v. Memphis, Carthage & Northwestern R. R.Supreme Court of Missouri · 1876
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