First National Bank v. Guardian Trust Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) When one’s name appears on the back of a promissory note of which he is neither payee nor indorsee the presumption, in the absence of extrinsic evidence, -is that he is a maker, but this presumption may be rebutted by evidence showing just what the relation of the parties was.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) When one’s name appears on the back of a promissory note of which he is neither payee nor indorsee the presumption, in the absence of extrinsic evidence, -is that he is a maker, but this presumption may be rebutted by evidence showing just what the relation of the parties was. It is always open to him to show that he was not a maker, but that his contract was that either of accommodation indorser, surety or guarantor. Mammon v. Hartman, 51 Mo. 168; Seymour v. Farrell, 51 Mo. 95; Falkner v. Falkner, 73 Mo. 327; Lewis v. Harvey,…
1Opinion of the Court
FOX, J. —
This suit was commenced in the Jackson County Circuit Court. Its origin may thus be briefly stated:
The Kansas City Suburban Belt Railroad Company is a corporation organized under the railroad laws of Missouri, on the — day of January, 1887, for the purpose of building and operating a belt railroad around Kansas City.
About two years afterwards, namely, in February, 1889, the Guardian Trust Company was organized under the general trust company law of Missouri, as it then existed, as the Missouri, Kansas & Texas Trust Company. Afterwards this name was changed to its present name,…
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