Hawkins v. Wiest
Missouri Court of Appeals
Appeal from Morgan Circuit Court.- — Hon. John M. Williams, Judge. The instrument sued on was' a negotiable one, strictly complying, with the requirements of' Sec. 9972, R. S. 1909. It being in the. hands of the defendant, who was the payee in the note, it was “presumptively a subsisting obligation.” Bush v. Brandecker, 123 Mo. App. 470. When Wiest put his name upon the back of the note without otherwise indicating his intention, he became, as a matter of law, an indorser.
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Appeal from Morgan Circuit Court.- — Hon. John M. Williams, Judge. The instrument sued on was' a negotiable one, strictly complying, with the requirements of' Sec. 9972, R. S. 1909. It being in the. hands of the defendant, who was the payee in the note, it was “presumptively a subsisting obligation.” Bush v. Brandecker, 123 Mo. App. 470. When Wiest put his name upon the back of the note without otherwise indicating his intention, he became, as a matter of law, an indorser. R. S. 1909, Sec. 10033 ; R. S. 1909, Sec. 9978. The statutes recognize the fact that a note may he indorsed and sold…
1Opinion of the CourtEllison, J.
Plaintiff’s action is founded on a promissory note. The judgment in the trial court was for defendant.
It appears that the note was executed to defendant hy John and Martha Birchfield, that it was negotiable in form, was for $350 with interest and was dated the 5th of March, 1907, due one year after date. On the back is a credit of $24.72, and the blank indorsement of defendant and also the blank indorsement of R. M. Johnson “without recourse.” The evidence disclosed that defendant, as payee, brought suit against the Birchfields on the note in the Buchanan. County Circuit- Court and on…
2Cases cited3 opinions
- Tourville v. Wabash RailroadSupreme Court of Missouri · 1899
- Kelly v. StaedSupreme Court of Missouri · 1896
- Davis v. FranciscoSupreme Court of Missouri · 1848
3Cited by3 opinions
- Devens v. Van ValkenburgMissouri Court of Appeals · 1915
- Casner v. SchwartzMissouri Court of Appeals · 1918
- New Jersey Title Guarantee & Trust Co. v. McGrathMichigan Supreme Court · 1929