Globe Mutual Insurance v. Carson
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action on a negotiable promissory note for 1811, made by William P. Davis, dated April 17, 1857, payable six months after date, to the order of defendants Carson and Springer, and endorsed by them, and then negotiated by said Davis to the plaintiff.
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Appeal from St. Louis Circuit Court. This was an action on a negotiable promissory note for 1811, made by William P. Davis, dated April 17, 1857, payable six months after date, to the order of defendants Carson and Springer, and endorsed by them, and then negotiated by said Davis to the plaintiff. The defendants Carson and Springer set up in answer for themselves, that they signed the note as accommodation endorsers, of which fact the plaintiff had knowledge ; that no consideration passed between plaintiff and defendants ; that after the maturity of said note and about the first of January,…
1Opinion of the CourtEwing, Judge
The application for a continuance of the cause was properly overruled. It fails to disclose due diligence in reference to procuring the deposition of the absent witness Davis. The defendants Carson and Springer were personally served with process in August, and the cause was triable at the ensuing October term of the court, and on the 8th day of the month they filed their answer. On the 10th December, they make their application for a continuance on account of the absence of Davis, the maker of the note, as to whom the plaintiff afterwards dismissed the suit. It appears from the affidavit…
2Cited by8 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Bartholow v. CampbellSupreme Court of Missouri · 1874
- Foster County State Bank v. HesterNorth Dakota Supreme Court · 1909
- Hall v. Williams.Supreme Court of Missouri · 1932
- Noll v. OberhellmannMissouri Court of Appeals · 1886
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