Legal Opinion

Hammett v. Trueworthy

Missouri Court of Appeals

Decided November 14, 1892PublishedCited by 2 opinions

Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The petition does not state facts sufficient to constitute a cause of action in this: First, treated as a suit against an indorser, the petition fails to allege an indorsement; second, it fails to allege demand, nonpayment, protest, and a notice of non-payment, or a waiver thereof; third, it is only alleged that defendant made a certain writing, therein “waiving notice of protest and demand.”

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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The petition does not state facts sufficient to constitute a cause of action in this: First, treated as a suit against an indorser, the petition fails to allege an indorsement; second, it fails to allege demand, nonpayment, protest, and a notice of non-payment, or a waiver thereof; third, it is only alleged that defendant made a certain writing, therein “waiving notice of protest and demand.” The indorsement ought to have been pleaded according to its legal effect. This is not sufficient; defendant might have been willing,,…

1Opinion of the CourtGill, J.

The sufficiency of the petition is the decisive question in this case. Plaintiffs as holders of a certain promissory note for $666.67, with interest coupon or note for $26.66 attached, and both, past due and unpaid, sued defendant as indorser or guarantor. The allegations of the petition are set out in one count, and it is substantially stated that one Peppert executed his note to Green, that Green assigned same to Hough & Co., that thereafter Hough & Co. sold and assigned same to Bassett and defendant Trueworthy, and that afterwards, and before the maturity of the obligation, Basset and…

2Cases cited2 opinions

  1. First National Bank v. LandisMissouri Court of Appeals · 1889
  2. Johnson County Savings Bank v. LoweMissouri Court of Appeals · 1891

3Cited by2 opinions

  1. Bick v. YatesMissouri Court of Appeals · 1909
  2. City of Columbia v. DorseyMissouri Court of Appeals · 1895

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