Johnson v. Parker
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John A. Taliy, Judge. (1) One who signs Ms name on tbe back of a note, after it bas been indorsed by tbe payee, becomes »an indorser, and by bis contract is entitled to notice of tbe failure of tbe maker to pay at maturity. Parol evidence can not be introduced to vary this contract. It speaks for itself. Houser v. Newman, 65 Mo.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. John A. Taliy, Judge. (1) One who signs Ms name on tbe back of a note, after it bas been indorsed by tbe payee, becomes »an indorser, and by bis contract is entitled to notice of tbe failure of tbe maker to pay at maturity. Parol evidence can not be introduced to vary this contract. It speaks for itself. Houser v. Newman, 65 Mo. App. 367; Xingman v. Cornell-Tebbetts Mfg. & Buggy Co., 150 Mo. 301; Eodney v. Wilson, 67 Mo. 123; Eicbey v. Dameron, 48 Mo. 61; Biglow v. Cotter, 13 Gray, 309; 7 Daniel on Neg. Inst. (4 Ed.), pp. 560-561; Tiedeman…
1Opinion of the Court
BOND, J.-
This action was begun before a justice by the purchaser, for value and before maturity, of two notes for $250, made by W. H. Parker, payable to the order of H. May, each dated May 12, 1898, and due, respectively, in ninety days, and four months, thereafter. On the back of both of these notes appeared the following indorsements:
“Demand,’Notice and Protest waived.
“H. May,
“E. 0. Parker,
“818 Security Bldg., Co-Maker.”
There was a trial before the justice, from whose decision E. O. Parker appealed to the circuit court. On the trial there, the evidence was conflicting as to whether the…
2Cases cited5 opinions
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Green v. DitschSupreme Court of Missouri · 1898
- First National Bank v. PayneSupreme Court of Missouri · 1892
- McMurtrey v. SparksMissouri Court of Appeals · 1897
- Barnett v. NolteMissouri Court of Appeals · 1893
3Cited by4 opinions
- Camp v. First National BankSupreme Court of Florida · 1902
- Record v. Rochester Trust Co.Supreme Court of New Hampshire · 1937
- Mooers v. StalkerSupreme Court of Iowa · 1922
- Munson v. ScheidIndiana Court of Appeals · 1924