Bank of Houston v. Day
Missouri Court of Appeals
Appeal from the Texas Circuit Court. — Son. L. B. Woodside, Judge. Declarations of law, number one and two, for plaintiff, given by the court of its own motion, are not law, and should not have been given. A holder, in due course, of commercial papers, blank as to date, may fill in the blank with any day, and has implied authority of both maker and indorser to fill the blank with any date. Story on Prom. Note (7 Ed.), sec. 10 and note on p. 19; Bunker on New Neg. Inst.
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Appeal from the Texas Circuit Court. — Son. L. B. Woodside, Judge. Declarations of law, number one and two, for plaintiff, given by the court of its own motion, are not law, and should not have been given. A holder, in due course, of commercial papers, blank as to date, may fill in the blank with any day, and has implied authority of both maker and indorser to fill the blank with any date. Story on Prom. Note (7 Ed.), sec. 10 and note on p. 19; Bunker on New Neg. Inst. Law, sec. 14, 15, 16 and notes; Bank v. Nichol, 34 Mo. App. 259; 2d Cyc., p. 163, sec. 4; 7. Current Law, p. 116, and note…
1Opinion of the CourtNoetoni, J.
This is a suit on a promissory note against the defendants, who were accommodation indorsers thereon. The finding and judgment were for the defendants and the plaintiff prosecutes the appeal.
It appears that Keel & Hoover, the makers of the note, were partners doing business under the firm name of Keel & Hoover. About April 27,1905, Keel & Hoover executed their promissory note to one J. E. Day for the sum of $550, .payable four months after date with interest from maturity, at the rate of eight per cent per annum. This note was indorsed by the payee, J. E. Day, and by J. T, Chilton, C. H.…
2Cases cited10 opinions
- People Ex Rel. Bledsoe v. CampbellCalifornia Supreme Court · 1902
- More v. FingerCalifornia Supreme Court · 1900
- Redlich v. . DollNew York Court of Appeals · 1873
- Emmons v. MeekerIndiana Supreme Court · 1876
- Ivory v. MichaelSupreme Court of Missouri · 1863
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3Cited by1 opinion
- Hubbard v. First State BankIndiana Court of Appeals · 1916