Night & Day Bank v. Rosenbaum
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) It was error to instruct the jury that it was admitted that Rosenbaum was an accommodation indorser and that the plaintiff was aware of that fact. It was a fact in issue under the.pleadings. The effort of the defendant to testify to it had been defeated on the plaintiff’s objection. And there was not only no such admission, but no evidence to that effect.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) It was error to instruct the jury that it was admitted that Rosenbaum was an accommodation indorser and that the plaintiff was aware of that fact. It was a fact in issue under the.pleadings. The effort of the defendant to testify to it had been defeated on the plaintiff’s objection. And there was not only no such admission, but no evidence to that effect. (2) The defendant’s instruction number 8 was erroneous in that it omitted the essential element of an agreement to extend, namely, a consideration. R. S. 1909,…
1Opinion of the CourtNortoni, J.
This is a suit on three promissory notes. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
The principal debtor is the Southwestern Produce Distributors, a corporation, and defendant Rosenbaum is an accommodation party, in that he endorsed the several notes in suit for the accommodation of the Southwestern Produce Distributors, at and before their delivery to plaintiff. The maker — that is, the Southwestern Produce Distributors — made no defense to the suit, while defendant Rosenbaum pleads in his answer *563that he is an accommodation endorser and as such is…
2Cases cited12 opinions
- Union Trust Co. v. McGintyMassachusetts Supreme Judicial Court · 1912
- Vanderford v. Farmers' & Mechanics' National BankCourt of Appeals of Maryland · 1907
- Wolstenholme v. SmithUtah Supreme Court · 1908
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Priest v. WatsonSupreme Court of Missouri · 1882
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3Cited by4 opinions
- People's State Savings Bank v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1915
- Newkirk v. HaysMissouri Court of Appeals · 1925
- Dunnington v. Bank of CreweSupreme Court of Virginia · 1926
- Bonart v. RabitoLouisiana Court of Appeal · 1916