Bateson v. Clark
Supreme Court of Missouri
Appeal from. St. Louis Court of Common Pleas. I. The petition wholly fails to state a cause of action against the appellants. If they are to be held as endorsers of a negotiable note, the petition should allege that the note endorsed by them was “ for value received, negotiable and payable without defalcation.” Or if they are held as assignors of a non-negotiable note, the petition should state facts constituting their liabilities as such.
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Appeal from. St. Louis Court of Common Pleas. I. The petition wholly fails to state a cause of action against the appellants. If they are to be held as endorsers of a negotiable note, the petition should allege that the note endorsed by them was “ for value received, negotiable and payable without defalcation.” Or if they are held as assignors of a non-negotiable note, the petition should state facts constituting their liabilities as such. Neither being done, the petition is wholly defective, and states no cause for action on which a judgment if rendered could be sustained. (Jaccard v.…
1Opinion of the CourtWagner, Judge
This was a suit brought by the endorsee of a negotiable promissory note against the maker and endorsers. The first objection urged is that the demand of payment made by the notary of Clark, the maker, at his place of business, and during his absence, was insufficient to charge the endorsers ; and that Clark having a known residence in the city, the demand should have been made there also.
The evidence in the case shows that Clark, the maker of the note, was a man of family, and that he resided with his family in the city of St. Louis, at the corner of Eighteenth and Locust streets, and that he…
2Cases cited2 opinions
- Jaccard v. AndersonSupreme Court of Missouri · 1862
- Lindsay v. ParsonsSupreme Court of Missouri · 1864
3Cited by70 opinions
- Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Lilly v. MenkeSupreme Court of Missouri · 1894
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