Park Bank v. Schneidermeyer
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. W. S. Herndon, Judge. (1) The statute of limitations having run against the notes upon the face of them, the burden of proving any fact which took them out from its operation was clearly on the plaintiffs. Goddard v. Williamson, '72 Mo. 133; Bosebaum v. Billington, 17 Johns. 182; 2 Greenl.
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Appeal from the Clinton Circuit Court. — Hon. W. S. Herndon, Judge. (1) The statute of limitations having run against the notes upon the face of them, the burden of proving any fact which took them out from its operation was clearly on the plaintiffs. Goddard v. Williamson, '72 Mo. 133; Bosebaum v. Billington, 17 Johns. 182; 2 Greenl. Ev. [9 Ed.], sec. 444, p. 491. (2) The doctrine that the effect of the statute of limitations was to destroy the cause of action, and not to raise a presumption against it only — that it is a statute of repose and not of presumption of payment — was fully…
1Opinion of the CourtSmith, P. J.
This case., as it is disclosed by the record before us, may be stated in this way:
On March 19, 1881, the business firm of Iker & Schneidermeyer, the latter being the defendant, made their note to plaintiffs, private bankers under the name of the Park Bank, for $516.11; and on April 3, 1882, said firm made a further note to plaintiffs for $1,439.04. The said firm thereafter continued to be customers and depositors of said'plaintiff s’ bank, until the retirement of Iker. A number of payments were made on the latter note. The defendant succeeded to the business of the firm. He also did his…
2Cases cited5 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Bender v. MarkleMissouri Court of Appeals · 1889
- Muench v. Valley National BankMissouri Court of Appeals · 1881
- Thomas v. WyattSupreme Court of Missouri · 1860
- Beck v. HaasMissouri Court of Appeals · 1888
3Cited by4 opinions
- First National Bank v. City National BankMissouri Court of Appeals · 1903
- Sparrow v. State Exchange BankMissouri Court of Appeals · 1903
- Joseph v. CarterAppellate Court of Illinois · 1942
- American Steel Foundries v. Railroad Supply Co.Appellate Court of Illinois · 1924