Legal Opinion

Pier v. Heinrichshoffen

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 16 opinions

Appeal from, St. Louis Circu-'t Court. The ease was tried before Hon. James K. Knight, one of the judges. Appellants were not required to show affirmatively that the postage was prepaid on the notice of protest.

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Appeal from, St. Louis Circu-'t Court. The ease was tried before Hon. James K. Knight, one of the judges. Appellants were not required to show affirmatively that the postage was prepaid on the notice of protest. Renshaw v. Triplett, 23 Mo. 220; 1 Parsons on Notes and Bills, p. 561; Sanderson v. Judge, 2 H. Bl. 509; Parker v. Gordon, 7 East 385; Bossard v. Levering, 6 Wheat. 102, All that is required of the holder of a note in demanding payment thereof, is the use of reasonable diligence. It is reasonable diligence to send the note for collection in time to reach its destination by ordinary…

1Opinion of the CourtHouoh, J.

This was an action brought by the plaintiffs, as holders of a negotiable promissory note, against the defendants, as indorsers thereof. The questions presented for determination are, whether the plaintiffs used due diligence in making demand of payment, and gave the requisite notice of non-payment to the defendants. The facts are as follows: The note in question matured oif the 4th day of July, 1861, and was payable at the banking house of E. & G-. Willins, in the city of St. Paul, Minnesota. Some time in April, 1861, the plaintiffs delivered the same to the bank of Cooperstown, at…

2Cases cited3 opinions

  1. Windham Bank v. Norton, Converse & Co.Supreme Court of Connecticut · 1852
  2. Schofield v. BayardNew York Supreme Court · 1830
  3. Renshaw v. TriplettSupreme Court of Missouri · 1856

3Cited by16 opinions

  1. Bankers Mutual Casualty Co. v. Peoples BankSupreme Court of Georgia · 1907
  2. Faulkner v. FaulknerSupreme Court of Missouri · 1880
  3. Consolidated Aluminum Corp. v. Bank of VirginiaDistrict Court, D. Maryland · 1982
  4. Rolla State Bank v. PezoldtMissouri Court of Appeals · 1902
  5. Ward v. D. A. Morr Transfer & Storage Co.Missouri Court of Appeals · 1906

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