Central National Bank v. Pipkin
Missouri Court of Appeals
Appeal from the St. Francois Circuit Court. — Hon. James D. Eox, Judge. The marginal figures of the note in suit, referring to the amount of the note, are merely in the nature of a memorandum, and are immaterial when they conflict with the amount of the note as expressed in the body of it.
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Appeal from the St. Francois Circuit Court. — Hon. James D. Eox, Judge. The marginal figures of the note in suit, referring to the amount of the note, are merely in the nature of a memorandum, and are immaterial when they conflict with the amount of the note as expressed in the body of it. Tiedeman on Commercial Paper, p. 64, paragraph 28; Smith v. Smith, 1 R. I. 398,; Payne v. Clark, 19 Mo. 152. But if, for the purpose of argument, it be admitted that the figures in the upper left-hand corner were irregular in form and a contradiction of the written words in the body of the note, that of…
1Opinion of the CourtRombauer, P. J.
This is a suit by the indorsee against the maker of a negotiable promissory note. •The note is in words and figures as follows:
*595“$25.00. Farmington, Mo., July 13, 1894.
“One year after date I promise to pay to the order of National Loan & Investment Association of Springfield, Mo., one hundred dollars, for value received, negotiable and payable without defalcation or discount, and with interest from date at the rate of eight per cent per annum, and, if interest be not paid annually, to become as principal and bear the same rate of interest. Merrill Pipkin.”
The evidence upon the trial was…
2Cases cited6 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- Johnson v. McMurrySupreme Court of Missouri · 1880
- Benton v. German-American National BankSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cordrey v. SteamshipOregon Supreme Court · 1922
- Shaefer v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Vette v. SacherMissouri Court of Appeals · 1905