Fenn v. Dugdale
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a claim presented in the St. Louis probate court, at the December term, 1858, upon the following account: “Francis Dugdale Estate Dr. to William P. Fenn.
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Appeal from St. Louis Circuit Court. This was a claim presented in the St. Louis probate court, at the December term, 1858, upon the following account: “Francis Dugdale Estate Dr. to William P. Fenn. Aug. 4,1858. To cash paid James H. Lucas & Co. upon a judgment rendered against said Fenn by the St. Louis circuit court, October 17, 1857, as endorser of a negotiable promissory note dated August 27,1855, executed by said deceased for three hundred dollars, payable sixty days after date to the order of said Fenn, and endorsed by said Fenn. “Amount of…
1Opinion of the CourtBates, Judge
The liability of the defendant to the plaintiff is upon the note, and is not caused by a payment for the use or at the request of the defendant. Fenn’s payment to Lucas & Go. was in satisfaction of his own liability as endorser, and not for or on account of the maker of the note ; consequently his demand against Dugdale is not for the sum paid by him, but for the amount of the note which he has reacquired of Lucas & Go. by satisfying them upon his contract created by his endorsement of the note. Fenn’s demand against the estate of Dugdale should have been set out in his notice to the…
2Cited by3 opinions
- Keys v. Estate of KeysSupreme Court of Missouri · 1909
- Peers v. KirkhamSupreme Court of Missouri · 1870
- Fenn v. DugdaleSupreme Court of Missouri · 1867