Hope v. Barker
Supreme Court of Missouri
Certified from Kansas City Court of Appeals. (1) The instrument sued on in the first count in the petition, not being certain and. unconditional as to the amount to be paid, is not a negotiable promissory note. Bankv. Gay, 63 Mo. 33; Bank v. Marlow, 71 Mo. 618; Storr v. Wakefield, 71 Mo. 622; Bank v. Gay, 71 Mo. 627; Samstag v. Conley, 64 Mo. 476; Fitzhatrris v. Leggatt, 10 Mo.
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Certified from Kansas City Court of Appeals. (1) The instrument sued on in the first count in the petition, not being certain and. unconditional as to the amount to be paid, is not a negotiable promissory note. Bankv. Gay, 63 Mo. 33; Bank v. Marlow, 71 Mo. 618; Storr v. Wakefield, 71 Mo. 622; Bank v. Gay, 71 Mo. 627; Samstag v. Conley, 64 Mo. 476; Fitzhatrris v. Leggatt, 10 Mo. App. 527; Garrettson v. Purdy, 3 Dak. 178; Bullock v. Taylor, 39 Mich. 237; Meyer v. Bart, 40 Mich. 517; Sweeney v., TMckstun, 77 Pa. 131; Woods v. North, 84 Pa. 407; State v. Taylor, 10 Ohio, 378; Johnson v. Speer, 23…
1Opinion of the CourtBlack, J.
This case was certified to this court by the Kansas City court of appeals.
The plaintiff sued the defendant as an indorser of the following notes:
“$194.25. Lee’s Summit, December 14, 1887.
“One year after date I promise to pay to the order of Dell Barker, agent, $194.25, without interest thereon if paid at maturity. If not paid at maturity to bear ten per cent, interest from date. For value received. Negotiable and payable at the Bank of Belton, Belton, Missouri. John E. Watson.”
It is agreed that, if this is a negotiable promissory note, the judgment must be affirmed, but, if it is a…
2Cases cited5 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- First National Bank v. MarlowSupreme Court of Missouri · 1880
- Samstag v. ConleySupreme Court of Missouri · 1877
- First National Bank v. JacobsSupreme Court of Missouri · 1880
3Cited by11 opinions
- Kirkwood v. First National BankNebraska Supreme Court · 1894
- Security Trust & Savings Bank of Charles City v. GleichmannSupreme Court of Oklahoma · 1915
- Clark v. SkeenSupreme Court of Kansas · 1900
- Citizens' Savings Bank of Columbus v. LandisSupreme Court of Oklahoma · 1913
- Hatch v. First National BankSupreme Judicial Court of Maine · 1900
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