Barret v. Evans
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action against defendant as endorser of a promissory note. The defence relied on was that Evans had not received due notice of protest of the note. At the trial it appeared that notice of protest had been given by a letter directed to the defendant Evans and deposited in the St. Louis post-office.
Read the full summary
Appeal from St. Louis Court of Common Pleas. This was an action against defendant as endorser of a promissory note. The defence relied on was that Evans had not received due notice of protest of the note. At the trial it appeared that notice of protest had been given by a letter directed to the defendant Evans and deposited in the St. Louis post-office. Evans at the time of protest lived between two and three miles from the court-house, in St. Louis county, outside the city limits. He had been living at the same place for eighteen years. He was in the habit of getting his letters at the St.…
1Opinion of the CourtSoott, Judge
The question in this case is whether the endorsee of a negotiable promissory note, whose residence is near but outside of the limits of the city of St. Louis, and whose post-office is the city office, can be served with notice of the protest of the note through his post-office, which is that of the city.
This case finds authority in the books for deciding it either way. Under such circumstances we are at liberty to adopt that course which seems most conducive to uniformity in the law, and which will produce the least litigation and strife. Where the party to be served is a resident of the city…
2Cases cited1 opinion
- Walker v. Bank of MissouriSupreme Court of Missouri · 1844
3Cited by7 opinions
- Rolla State Bank v. PezoldtMissouri Court of Appeals · 1902
- Gilchrist v. DonnellSupreme Court of Missouri · 1873
- Sanderson's Adm'r v. ReinstadlerSupreme Court of Missouri · 1862
- Bank of Commerce v. ChambersMissouri Court of Appeals · 1883
- Vogel v. StarrMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.