Heaton v. Dickson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (¿) (a) One who writes Ms name upon the back, of a promissory note of ivhich be is neither payee, nor indorsee, and does so prior to its delivery, is prima facie a co-niaker, and assumes liability as such in the absence of evidence that it was the understanding at the time that he should be held in some other capacity. Boyer y. Boogher, 11 Mo. App. 131; Schmidt Malting Co. v. Miller, 38 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (¿) (a) One who writes Ms name upon the back, of a promissory note of ivhich be is neither payee, nor indorsee, and does so prior to its delivery, is prima facie a co-niaker, and assumes liability as such in the absence of evidence that it was the understanding at the time that he should be held in some other capacity. Boyer y. Boogher, 11 Mo. App. 131; Schmidt Malting Co. v. Miller, 38 Mo. App. 251; Rossi v. Schawacker, 66 Mo. App. 67; Oexner v. Loehr, 106 Mo. App. 412, s. c. 117 Mo.- App. 698. (b) In the case at bar,…
1Opinion of the CourtNortoni, J.
This is a proceeding in equity in the nature of a creditor’s bill or an equitable garnishment. The finding and decree were for plaintiff, and defendant prosecutes the appeal.
Defendant Amanda V. Dickson is the beneficiary of a trust estate, settled to her use by the provisions of her father’s will, and the important question for decision relates to a construction of that instrument. But there are other matters urged relating to plaintiff’s right of recovery which should be first examined and disposed of. The bill is in two counts, each of which *317declares upon a promissory note, executed by…
2Cases cited29 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Hyde v. WoodsSupreme Court of the United States · 1877
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Jourolmon v. MassengillTennessee Supreme Court · 1887
24 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Estes v. EstesTexas Commission of Appeals · 1924
- Gordon v. TateSupreme Court of Missouri · 1926
- Lich v. LichMissouri Court of Appeals · 1911
- Matthews v. Van CleveSupreme Court of Missouri · 1920
- Miller, Trustee v. Maryland Casualty Co.Supreme Court of Arkansas · 1944
6 more not listed; retrieve them via the Exa API.