Klostermann v. Kage
Missouri Court of Appeals
Appeal from the Cape Girardeau Circuit Court. — How. H. C. O’B by AN, Judge. An endorser, after tlie dishonor of a note, when there has been no demand of payment and no notice of non-payment, may bind himself by a subsequent promise to pay¡ But the plaintiff must go further and prove knowledge on the part of the defendant of the fact that the plaintiff had not made demand of payment at the maturity of the note. 1 Parsons on Notes and Bills, pp. 442, 594, 601, 622, 624, 625,…
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Appeal from the Cape Girardeau Circuit Court. — How. H. C. O’B by AN, Judge. An endorser, after tlie dishonor of a note, when there has been no demand of payment and no notice of non-payment, may bind himself by a subsequent promise to pay¡ But the plaintiff must go further and prove knowledge on the part of the defendant of the fact that the plaintiff had not made demand of payment at the maturity of the note. 1 Parsons on Notes and Bills, pp. 442, 594, 601, 622, 624, 625, 626; Salisbury v. Renecke, 44 Mo. 554; Wilson v. Huston, 13 Mo. 146, side p. In the case at bar there was no promise of…
1Opinion of the CourtRombauer, P. J.
This is an action upon a negotiable promissory note by the endorsee against the endorser. The petition does not allege a demand at maturity, but states a demand at divers and sundry times of the maker, and the maker’s refusal to pay, also that the defendant had notice of these facts, and waived demand and protest.
The answer of the defendant sets up the failure of demand and notice, and denies, that defendant ever waived either demand or notice; it also pleads a former recovery and payment, but, as the last two defenses wholly failed, it is unnecessary to notice them.
The note sued on bears…
2Cited by1 opinion
- Peters-Miller Shoe Co. v. CasebeerMissouri Court of Appeals · 1893