Schooler v. Tilden
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. cited 1 Parsons Notes and Bills, 38, note k; Story Promissory Notes, §§ 33, 37> 38; Seay v. Bank, 3 Sneed (Teun.) 558; Gibson v. Minet, 1 H. BL 569, 608. cited 1 Daniel Negot. Instr., §§ 145,146, 175 ; Story on Bills, § 175 ; Brummel v. Binders, 18 G-.ratt. 895 ; Cruchley v. Clarance, 2 Maulé & Sel. 90.
1Opinion of the CourtNapton, J.
This was an action to recover of defendant the amount paid by plaintiff to the First National Bank of Carthage on a note executed by the defendant and plaintiff j ointly, on which plaintiff was security.
*581Tbe first defense was that the note was void, because the name of the payee in it was left blank. There was no dispute that plaintiff paid it after maturity, and that the amount of principal and interest on it at the date of his payment was $311.66, the sum now sued for. Itis scarcely necessary to say that this defense was without merit, morally or technically. Had it been necessary for the…
2Cited by8 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Hartington National Bank v. BreslinNebraska Supreme Court · 1910
- Estate of DeGheest v. Estate of DeGheestSupreme Court of Missouri · 1950
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894
- Thompson v. RathbunOregon Supreme Court · 1889
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