First National Bank v. Fricke
Supreme Court of Missouri
Appeal from Greene Circuit Court.- — Hon. W. F. Geiger, Judge. This was an action on a promissory note. The defendants, who had signed as joint makers with Job Newton, denied liability on the ground that the note bad been .altered without their knowledge or consent.
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Appeal from Greene Circuit Court.- — Hon. W. F. Geiger, Judge. This was an action on a promissory note. The defendants, who had signed as joint makers with Job Newton, denied liability on the ground that the note bad been .altered without their knowledge or consent. The evidence adduced at the trial showed that the note was made for the benefit of the Odd Fellows’ Building Association, and was discounted at the plaintiff" bank ; that on the day it became due McElhaney, the president of the plaintiff bank, told Newton, who was president of the association, that he wanted to hold the…
1Opinion of the Court
L
Sherwood, C. J.
Action on a promissory note, which was in these words:
“$1,500 Springfield, Mo., July 8th, 1876. .
Four montns after date we or either of us promise to pay to the order of J. Newton,'‘Presdt.,’ at the First Na*180tional Bank of Springfield, Missouri, $1,500, for value received, without defalcation or discount, with ten per cent, interest per annum after due until paid.
J. Newton, ‘ Presdt. O. E. B. Ass’n.’
J. W. McCullah,
D. L. Griffith,
G. W. Ericke.”
Indorsed as follows :
“ J. Newton, Presdt.’
The note as originally drawn, was:
“ $1,500. Springfield, Mo., July 8th, 1876'.
Eour months after…
2Cases cited11 opinions
- Gordon v. PrestonSupreme Court of Pennsylvania · 1833
- Evans v. ForemanSupreme Court of Missouri · 1875
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- Washington Mutual Fire Insurance v. St. Mary's SeminarySupreme Court of Missouri · 1873
- German Bank v. DunnSupreme Court of Missouri · 1876
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3Cited by43 opinions
- Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Washington Savings Bank v. Butchers & Drovers' BankSupreme Court of Missouri · 1891
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Roe v. Bank of VersaillesSupreme Court of Missouri · 1902
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