Bradley, Wheeler & Co. v. Asher
Missouri Court of Appeals
Appeal from the Worth Circuit Court. — Hon. P. 0. Stepp, Judge. (1) We submit that the words “protest waived” are not broad enough to include all the prerequisites necessary to excuse the holder of a promissory note from presenting the same at maturity, demanding payment, and duly protesting the same for nonpayment. We are aware that there is a line of good authority holding such to be sufficient. But there is also equally as good authority holding the contrary doctrine.
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Appeal from the Worth Circuit Court. — Hon. P. 0. Stepp, Judge. (1) We submit that the words “protest waived” are not broad enough to include all the prerequisites necessary to excuse the holder of a promissory note from presenting the same at maturity, demanding payment, and duly protesting the same for nonpayment. We are aware that there is a line of good authority holding such to be sufficient. But there is also equally as good authority holding the contrary doctrine. Wall v. Bry, 1 La. Ann. 312; Birdv. LaBlanc, 6 La. Ann. 470; Ballv. Greaud, 14 La. Ann. 305; Parsons Mercantile Law, p.…
1Opinion of the CourtEllison, J.
Plaintiff sued the defendants, Asher, as makers of a promissory note and the defendant lumber and hardware company as indorser thereof to plaintiffs. The defendants demurred to the plaintiff’s petition and the demurrer being overruled, they stood on the same and appealed to this court. The grounds of demurrer were: First. That the petition did not' state facts sufficient to constitute a cause of action; and, second, that the petition disclosed that the court had no jurisdiction of the subject-matter of the action. The point made on the last ground was that the amount of the note was $50, and…
2Cases cited2 opinions
- Johnson County Savings Bank v. LoweMissouri Court of Appeals · 1891
- Monks v. StrangeMissouri Court of Appeals · 1887
3Cited by5 opinions
- Shipman v. FitzpatrickSupreme Court of Missouri · 1942
- Knight v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Barnes v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- McManus v. BurrowsMissouri Court of Appeals · 1915
- Allen v. WrightCourt of Appeals of Texas · 1927