Clough v. Holden
Supreme Court of Missouri
Appeal from Jackson Circuit Court, — Hon. R. H. Field, Judge. (1) The instruction given for plaintiff was erroneous, because it based plaintiffs right to recover upon the finding of a single fact (and did not properly state the law as to that fact), while it ignored every other question in the case. Clark v. Hammerle, 27 Mo. 55, 70; Birtiohistle v. Woodward, 95 Mo. 113; Bank v. Metcalf, 29 Mo.
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Appeal from Jackson Circuit Court, — Hon. R. H. Field, Judge. (1) The instruction given for plaintiff was erroneous, because it based plaintiffs right to recover upon the finding of a single fact (and did not properly state the law as to that fact), while it ignored every other question in the case. Clark v. Hammerle, 27 Mo. 55, 70; Birtiohistle v. Woodward, 95 Mo. 113; Bank v. Metcalf, 29 Mo. App. 384. (2) The court erred in excluding the evidence offered by defendant to show that the note was presented for payment after business hours. 1 Daniel on Negotiable Instruments [4 Ed.] secs. 601,…
1DissentSheewood, J.
(dissenting.) — Action on a negotiable promissory note for $4,000, of which the defendant is indorser. Bancroft, the maker, was also sued, but the cause was dismissed as to him prior to trial. The substance of the petition is as follows: The note was dated Chicago, October 6, 1888, and by it Bancroft promised to pay to the order of the Union Tie Company, Chicago, said sum on the first day of July, 1889, at room 70, Home Insurance Building, Chicago, Illinois.
Before maturity the tie company, for value, indorsed and delivered the note to defendant, who, for value, and before maturity, indorsed…
2Cases cited21 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Jackson v. HardinSupreme Court of Missouri · 1884
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Brobst v. BrockSupreme Court of the United States · 1871
- Estes v. ReynoldsSupreme Court of Missouri · 1882
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