Legal Opinion

Maffat v. Greene

Supreme Court of Missouri

Decided March 28, 1899PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) Tbe plaintiff, Mrs. Maffat, tbe holder of the note has the right to treat the parties to it in the character they have assumed on the face of the paper. The paper “must tell its own story.” Green was the maker and principal debtor, so far as she was concerned, and primarily and not secondarily liable.

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Appeal from St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) Tbe plaintiff, Mrs. Maffat, tbe holder of the note has the right to treat the parties to it in the character they have assumed on the face of the paper. The paper “must tell its own story.” Green was the maker and principal debtor, so far as she was concerned, and primarily and not secondarily liable. As she was an innocent bolder Greene can not set up bis alleged relations of accommodation maker and surety for tbe sewing machine company as to her. 2 Randolph on Com. Paper, secs. 901 and 907; 1 Waite’s Actions and…

1Opinion of the CourtGantt, P. J.

This is an action on the following promissory note.

“$3,218. St. Louis, Mo. Feb. 20, 1893.
“Four months after date I promise to pay to the order of Domestic Sewing Machine Co., thirty-two hundred and eighteen dollars at their office, 853 Broadway, New York. Yalue received.
“Due June 20th, 1893. E. L. Greene.”

Indorsed:

“No. 28,942. 3457
“E. L. Greene. June 23.
“$3,218. Due June 20-23. Payable at 853 Broadway, New York. Domestic Sewing Machine Co., David Blake, Y. P. D. Hutchinson, S. M. Jones, Jannette P. Maffat
“Pay Chemical National Bank, New York City, or order for collection for account of…

2Cases cited6 opinions

  1. Stillwell v. AaronSupreme Court of Missouri · 1879
  2. Faulkner v. FaulknerSupreme Court of Missouri · 1880
  3. Allen v. DermottSupreme Court of Missouri · 1883
  4. Thornton v. PiggSupreme Court of Missouri · 1857
  5. Miller v. MellierSupreme Court of Missouri · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bush v. BlockMissouri Court of Appeals · 1916
  2. Vrooman v. Burdett.Supreme Court of Missouri · 1935
  3. Night & Day Bank v. RosenbaumMissouri Court of Appeals · 1915
  4. Bank of Corning v. Consolidated School District No. 6Missouri Court of Appeals · 1932
  5. Lawson v. Estate of SlaybaughMissouri Court of Appeals · 1981

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