Legal Opinion

Merchant's Insurance v. Hauck

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 9 opinions

Appeal from Buchanan Circuit Court.- Hon. Silas Woodson, Special Judge. (1) The plaintiff, by its charter, was authorized to take the note shed on. (2) Plaintiff’s third instruction should have been given.

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Appeal from Buchanan Circuit Court.- Hon. Silas Woodson, Special Judge. (1) The plaintiff, by its charter, was authorized to take the note shed on. (2) Plaintiff’s third instruction should have been given. Porter v. Hodenpuyl, 9 Mich. 11; Bank v. Whitman, 66 Ill. 331; Hinds v. Ingram, 31 Ill. 400; Rindskoff v. Doman, 28 O. St. 416; Long v. Disner, 71 Mo. 452. (3) The general denial of the allegations contained in the new matter of defendant’s answer, and the further reply that defendant, ‘ after aE the payments referred to in the answer, well knowing the facts connected therewith, promised to…

1Opinion of the Court

Ewing, C.

This suit was commenced to recover an alleged balance on the following note:

“Ninety days after date we promise to pay to the order of David Pinger, five thousand dollars for value received, negotiable and payable without defalcation or discount at the office of the Merchants’ Insurance Company, St. Joseph, Missouri, with interest at the rate of ten per cent, per annum from maturity.

Pinger and Browne,

George M. Hauck.”

Defendant filed an amended answer, admitting the execution of. the note, alleging that he and Pinger were *24joint sureties merely for Pinger and- Browne, and that such…

2Cases cited2 opinions

  1. Stillwell v. AaronSupreme Court of Missouri · 1879
  2. St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880

3Cited by9 opinions

  1. McBeth v. CraddockMissouri Court of Appeals · 1887
  2. Baade v. CramerSupreme Court of Missouri · 1919
  3. Harburg v. KumpfSupreme Court of Missouri · 1899
  4. Highland Investment Co. v. Kansas City Computing Scales Co.Supreme Court of Missouri · 1919
  5. Citizens' Bank v. MoormanMissouri Court of Appeals · 1889

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