Clemens v. Collins
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. By the refusing of one set of instructions, and the giving of the other set, the Circuit Couit assumed and taught the jury, as law, two or three important propositions, which we think very-erroneous; and— 1. The Circuit Court tells the jury, that if the maker of a note die, no matter how rich, nor how accessible his estate may be, the assignor of the note is bound to pay it; because the holder cannot sue the maker, a3 required by the…
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APPEAL from St. Louis Circuit Court. By the refusing of one set of instructions, and the giving of the other set, the Circuit Couit assumed and taught the jury, as law, two or three important propositions, which we think very-erroneous; and— 1. The Circuit Court tells the jury, that if the maker of a note die, no matter how rich, nor how accessible his estate may be, the assignor of the note is bound to pay it; because the holder cannot sue the maker, a3 required by the Statute, and because the dead man is non resident! 2. That if the maker of a note assign his property to a trustee, to pay…
1Opinion of the CourtMcBride, J.
This was an action of assumpsit brought in the Circuit Court of St. Louis county, by Collins against Clemens, as assignor of a non-negotiable note, made by the mercantile firm of J. & A. Kerr to James Clemens, for the sum of $3,230 56, bearing 10 per cent, interest, dated the 4th November, 1843, and payable in six months thereafter, and assigned by Clemens, for value received, to Collins.
The declaration contained three counts on the note. The first count averred that at maturity of the note, John Kerr, one of the obligors, was dead, and that his estate was, and continued to be, insolvent, so…
2Cited by1 opinion
- Baker v. BladesSupreme Court of Missouri · 1856