Sanderson's Adm'r v. Reinstadler
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. The opinion states the facts. Upon the trial by the court without a jury, the plaintiff asked the following instruction, which was refused: “ If the endorser, Andrew Beinstadler, resided outside of the city of St. Louis, and the notary, after inquiry made and upon inquiry of the maker of the note sued upon, was informed that the endorser resided out of the city in the county, and thereupon the notary addressed a notice to the endorser…
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Appeal from, St. Louis Circuit Court. The opinion states the facts. Upon the trial by the court without a jury, the plaintiff asked the following instruction, which was refused: “ If the endorser, Andrew Beinstadler, resided outside of the city of St. Louis, and the notary, after inquiry made and upon inquiry of the maker of the note sued upon, was informed that the endorser resided out of the city in the county, and thereupon the notary addressed a notice to the endorser through the post-office, then such notary used due diligence in serving said notice; and such notice through the…
1Opinion of the CourtBay, Judge
This was a suit instituted to recover the amount of two promissory notes, made by one William Streit and endorsed by defendant Reinstadler. The notes were protested for non-payment, and the only question arising upon the record is, whether the notice of protest was sufficient to hold the endorser. It was proved that notice was served by depositing the same in the post-office at St. Louis, directed to the defendant; that defendant resided about three miles from St. Louis — St. Louis being-his nearest post-office, and the one through which he received his letters. The notes, maturing at…
2Cases cited2 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- Barret v. EvansSupreme Court of Missouri · 1859
3Cited by5 opinions
- Rolla State Bank v. PezoldtMissouri Court of Appeals · 1902
- Selz v. CollinsMissouri Court of Appeals · 1893
- Provident Savings Life Assur. Soc. v. NixonCourt of Appeals for the Ninth Circuit · 1896
- Bank of Commerce v. ChambersMissouri Court of Appeals · 1883
- Vogel v. StarrMissouri Court of Appeals · 1908