Aylor v. McMunigal
Missouri Court of Appeals
Appeal from the Jasper Cvrcmt Court. — Hon. E. C. Crow, Judge. (1) The defendant contends that the judgment in this case must be reversed for the reason that this suit was on a negotiable instrument, to wit, a bill of exchange, alleged in the petition and shown by the evidence to be lost or destroyed and yet trial was had, verdict returned, and judgment entered against defendant eleven days before any bond of indemnity was given as required by Revised Statutes, 1889, section…
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Appeal from the Jasper Cvrcmt Court. — Hon. E. C. Crow, Judge. (1) The defendant contends that the judgment in this case must be reversed for the reason that this suit was on a negotiable instrument, to wit, a bill of exchange, alleged in the petition and shown by the evidence to be lost or destroyed and yet trial was had, verdict returned, and judgment entered against defendant eleven days before any bond of indemnity was given as required by Revised Statutes, 1889, section 2185. The instrument sued on was a bill of exchange and negotiable. Tiedeman, Commercial Paper, sec. 2; 1 Daniel,…
1Opinion of the CourtGill, J.
The plaintiff sued the defendant and recovered judgment on a lost bill of exchange. The indemnifying bond, provided for in section 2185, Revised Statutes, 1889, was not given until after the verdict was rendered and judgment entered; but said bond was given, and approved by the court, a few *659days thereafter, and before the motion for new trial (which first called attention to the matter)was passed on and overruled. This failure of the plaintiff to furnish said bond before a judgment was rendered constitutes defendant’s principal reason for asking a reversal.
It was formerly held that an action…
2Cases cited4 opinions
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Eans' Adm'r v. Exchange BankSupreme Court of Missouri · 1883
- Barrows v. MillionMissouri Court of Appeals · 1890
- Hendricks v. WhitecottonMissouri Court of Appeals · 1895
3Cited by2 opinions
- Hays v. DowMissouri Court of Appeals · 1942
- Hogan v. KaiserMissouri Court of Appeals · 1905