Rudolph Schmidt Malting Co. v. Miller
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The refusal by the circuit court of the instruction asked by appellant was erroneous. The word “endorser” was used in its technical sense by the parties. This distinguishes the case at bar from Bojjer v. Boogher, 11 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The refusal by the circuit court of the instruction asked by appellant was erroneous. The word “endorser” was used in its technical sense by the parties. This distinguishes the case at bar from Bojjer v. Boogher, 11 Mo. App. 130. One who writes his name on the back of a note, of which he is neither payee nor endorser, becomes prima facie liable as co-maker, and will be held as such in the absence of extrinsic evidence that it was the contract or understanding of the parties, at the time he so endorsed it, that he…
1Opinion of the CourtRombauer, P. J.
This is an action upon the following promissory note:
“$400.00. St. Louis, January 15, 1884.
“Six months after date, I promise to pay to the order of F. Peldkamp four hundred dollars for value received, at the Bank of Commerce (N. W. corner 4th and Olive Sts.), St. Louis, with interest from date at the rate of seven per cent, per annum.
• ‘ (Signed) Henry Miller
“(Endorsed), B. Spelbrink,
“Value received, P. Peldkamp.”
The petition is in the usual form, claiming that the plaintiff is the holder of the note by endorsement of *253Feldkamp, and charging the defendant Spelbrink as a joint maker.
The answer…
2Cases cited4 opinions
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Powell v. ThomasSupreme Court of Missouri · 1842
- Kuntz v. TempelSupreme Court of Missouri · 1871
- Boyer v. BoogherMissouri Court of Appeals · 1881
3Cited by5 opinions
- Heaton v. DicksonMissouri Court of Appeals · 1910
- Pohle v. DickmannMissouri Court of Appeals · 1896
- Oexner v. LoehrMissouri Court of Appeals · 1906
- Rossi v. SchawackerMissouri Court of Appeals · 1896
- Oexner v. LoehrMissouri Court of Appeals · 1904