Loewer v. Haug
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, Judge. The facts sufficiently appear in the opinion. I. This was a suit upon a promissory note, dated April 4, 1869, due six months after date. The petition was filed June 15, 1883. The answer sets out that the claim is barred by the statute of limitations. Judgment was rendered for plaintiff. Defendant claims a reversal of it, upon the grounds hereafter stated. II.
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Appeal from Buchanan Circuit Court, Hon. Joseph P. Grubb, Judge. The facts sufficiently appear in the opinion. I. This was a suit upon a promissory note, dated April 4, 1869, due six months after date. The petition was filed June 15, 1883. The answer sets out that the claim is barred by the statute of limitations. Judgment was rendered for plaintiff. Defendant claims a reversal of it, upon the grounds hereafter stated. II. The court erred in admitting the note and indorsements in evidence, the note being barred, as shown by its face ; and there being no evidence showing when-the indorsements…
1Opinion of the CourtEllison, J.
The judgment in this cause must be reversed under the rule as laid down in like cases. Goddard v. Williamson, 72 Mo. 131; Philips v. Mahan, 52 Mo. 197; Roseboom v. Billington, 17 Johns. 182.
The cases from the supreme court of this state would be followed, even though the authorities cited for respond ent were considered in point.
The case of Coffin v. Buckman (12 Maine 471), though cited by respondent, is against him. The evidence there was not the indorsement alone, as in this case, but also, that the holder of the note had died before the note had become barred, and the indorsement being in…
2Cases cited4 opinions
- Roseboom v. BillingtonNew York Supreme Court · 1819
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Phillips v. MahanSupreme Court of Missouri · 1873
- Coffin v. BucknamSupreme Judicial Court of Maine · 1835
3Cited by8 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Haver v. SchwyhartMissouri Court of Appeals · 1890
- Smith v. ZimmermanMissouri Court of Appeals · 1892
- Beck v. HaasMissouri Court of Appeals · 1888
- Brown v. CarsonMissouri Court of Appeals · 1908
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