Jacobs v. Gibson
Missouri Court of Appeals
Appeal from the Bay Circuit Court. — Hon. E. J. - JBroaddus, Judge. (1) The objections of the defendant to the introduction of any evidence under the petition should have been sustained, and likewise the objections of the defendant to the introduction of the note in evidence, for the following reasons: First, the petition did not state facts sufficient to constitute a cause of action against the defendant as indorser.
Read the full summary
Appeal from the Bay Circuit Court. — Hon. E. J. - JBroaddus, Judge. (1) The objections of the defendant to the introduction of any evidence under the petition should have been sustained, and likewise the objections of the defendant to the introduction of the note in evidence, for the following reasons: First, the petition did not state facts sufficient to constitute a cause of action against the defendant as indorser. Second, it was not alleged in the petition that the note was expressed to be for value received, and, third, there was a variance between the note as appeared from the…
1Opinion of the CourtEllison, J.
This action is on a promissory note, plaintiff being the indorsee and defendant the indorser thereof. Judgment was rendered for plaintiff in the circuit court. There was objection to any evidence on the ground that the petition did not state a cause of action against defendant as an indorser; in that it did not state facts showing the note to be negotiable; that is, that it did not state that the note was “expressed to be for value received.”
Bills and notes: petition: aiiegation of neg-otiabaity: copy of
Formerly, the operative words, under the statute, to render a note negotiable were for…
2Cases cited7 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886
- Jaccard v. AndersonSupreme Court of Missouri · 1862
- Davis v. FranciscoSupreme Court of Missouri · 1848
- Simmons v. BeltSupreme Court of Missouri · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- First National Bank v. ButteryNorth Dakota Supreme Court · 1908
- Behrens v. KirkgardCourt of Appeals of Texas · 1912
- Missouri-Lincoln Trust Co. v. LongSupreme Court of Oklahoma · 1911
5 more not listed; retrieve them via the Exa API.