Legal Opinion

Merchants' Bank v. Berthold

Supreme Court of Missouri

Decided March 15, 1870PublishedCited by 1 opinion

Appeal from St. Louis Circuit Court. cited 1 Greenl. Ev., § 108, 12th ed.; Field & Beardslee v. Liverman, 17 Mo. 218 ; Crowther v. Gibson, 19 Mo. 366; Webster v. Canmann, 40 Mo. 156; Morrison v. Hancock, id. 561; Gay v. Gay, 5 Allen, 157; Sessions v. Little, 9 N. H. 276; Featherman v. Miller, 45 Penn. 96; Tobin v. Shaw, 45 Maine, 347 ; Hall v. Jones, 37'N. H. 144; Tucker v. Peaslee, 36 N. H. 181; Beardslee v. Stein-mesck, 38 Mo. 168; State, to use of Clendenin, v. Schneider,…

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Appeal from St. Louis Circuit Court. cited 1 Greenl. Ev., § 108, 12th ed.; Field & Beardslee v. Liverman, 17 Mo. 218 ; Crowther v. Gibson, 19 Mo. 366; Webster v. Canmann, 40 Mo. 156; Morrison v. Hancock, id. 561; Gay v. Gay, 5 Allen, 157; Sessions v. Little, 9 N. H. 276; Featherman v. Miller, 45 Penn. 96; Tobin v. Shaw, 45 Maine, 347 ; Hall v. Jones, 37'N. H. 144; Tucker v. Peaslee, 36 N. H. 181; Beardslee v. Stein-mesck, 38 Mo. 168; State, to use of Clendenin, v. Schneider, 35 Mo. 536.

1Opinion of the CourtCurrier, Judge

The defendants are residents of St. Louis, and are. sued as the indorsers of a negotiable promissory note payable at St. Genevieve, Missouri. The note matured and was:protested for non-payment, May 24, 1867. The notary.who protested the note testified that he mailed the usual notices to. the defendants on the day of the protest, inclosed in envelopes addressed to the defendants at St. Louis. The notices and envelopes were produced in court and identified by the notary as those forwarded by him from St. Genevieve; but there were no marks upon them indicating that they had ever passed through…

2Cited by1 opinion

  1. State v. SwainSupreme Court of Missouri · 1878

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