Davis v. Francisco
Supreme Court of Missouri
APPEAL from Saline Circuit Court. 1. Considering the note in the light of an ordinary note, not negotiable, there is evidence in-the cause sufficient to show that a suit against the maker would have been unavailing — and in fact, that the necessary diligence was used under all the circumstances, on the part of the plaintiff, to recover the debt sued lor. Pocock vs. Blount, 6 Mo.
Read the full summary
APPEAL from Saline Circuit Court. 1. Considering the note in the light of an ordinary note, not negotiable, there is evidence in-the cause sufficient to show that a suit against the maker would have been unavailing — and in fact, that the necessary diligence was used under all the circumstances, on the part of the plaintiff, to recover the debt sued lor. Pocock vs. Blount, 6 Mo. R., 338. 2. But considering the note as a negotiable note, then all the proof, with reference to the insolvency of the maker of it, or with reference to the diligence used to collect the debt by the plaintiff of the…
1Opinion of the CourtNapton, J.
This was a suit originally brought before a justice of the peace upon the following instrument: — “63 85.— One day after date, I promise to pay Th. W. Davis or order $63 85, for value received, to bear ten per cent, interest from this date until paid, negotiable and payable without defalcation or discount. Sep. 2, 1844. Samuel Miller. [Seal]”— Upon this note, was the following endorsement: “I assign the within note to A. M. Francisco. Jan. 22, 1845. Th. W. Davis.”
On the trial in the Circuit Court, where the ease had been taken by appeal, it appeared in evidence that this note had been in the…
2Cases cited1 opinion
- Berry v. RobinsonNew York Supreme Court · 1812
3Cited by7 opinions
- Light v. KingsburySupreme Court of Missouri · 1872
- Jacobs v. GibsonMissouri Court of Appeals · 1898
- Fugitt v. NixonSupreme Court of Missouri · 1869
- Hawkins v. WiestMissouri Court of Appeals · 1912
- Gate City National Bank v. SchmidtMissouri Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.