Briggs v. Ewart
Supreme Court of Missouri
Appeal from Pettis County Common Pleas Court. The paper sued on was not the note of Ewart, his mind gave no assent to its creation. Nor was he guilty of laches so as to bind him. Nor is genuineness of signature alone sufficient to bind him. (State Bank vs. McCay, Am. Law Times, April 1871, Yok 4, pages 76, 79, 80 ; Whitney vs. Synder, reported in Albany Law Journal 7th January, 1871, No. 1, Yol. 8, p. 3 ; Foster vs. MacKinnon, 4 English, Com. PL, 704; Awde vs. Dixon, 6 Exch.
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Appeal from Pettis County Common Pleas Court. The paper sued on was not the note of Ewart, his mind gave no assent to its creation. Nor was he guilty of laches so as to bind him. Nor is genuineness of signature alone sufficient to bind him. (State Bank vs. McCay, Am. Law Times, April 1871, Yok 4, pages 76, 79, 80 ; Whitney vs. Synder, reported in Albany Law Journal 7th January, 1871, No. 1, Yol. 8, p. 3 ; Foster vs. MacKinnon, 4 English, Com. PL, 704; Awde vs. Dixon, 6 Exch. R., 869, 872.) A party who signs a negotiable note upon the representations of another, taking it for granted that the…
1Opinion of the CourtAdams, Judge
This suit originated before a justice of the peace, and was founded on the following note:
“ $150. Sedalia, February 24, 1870.
On or before the 10th day of June, 1870, for value received, I, the subscriber, of Mt. Sterling Township, County of Pettis, State of Missouri, promise to pay S. R. Squiei; or order, one hundred and fifty dollars without discount or defalcation, and with interest at 10 per cent, from date, at Sedalia, Mo., P. O.”
David Ewart.
A judgment was rendered against the defendant by the justice, from which he appealed to the Common Pleas Court.
On the "trial in the Common Pleas,…
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