Legal Opinion

Bank of Commerce v. Chambers

Missouri Court of Appeals

Decided June 12, 1883PublishedCited by 2 opinions

Appeal from the St. Louis Circuit Court, Horner, J. The notary did not exercise due diligence. — Gilchrist v. Donnell, 53 Mo. 591; Wolff v. Burgess, 59 Mo. 583. The service of notice was insufficient. — Sanderson v. JReinstadler, 31 Mo. 483; Tang v. Dismer, 71 Mo. 453. The notice sent to Washington, District of Columbia, was sufficient; that was Frost’s “ place of business ” at that time, and the law presumes him to have been there. — Chouteau v. Webster, 6 Mete. 1; Graham…

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Appeal from the St. Louis Circuit Court, Horner, J. The notary did not exercise due diligence. — Gilchrist v. Donnell, 53 Mo. 591; Wolff v. Burgess, 59 Mo. 583. The service of notice was insufficient. — Sanderson v. JReinstadler, 31 Mo. 483; Tang v. Dismer, 71 Mo. 453. The notice sent to Washington, District of Columbia, was sufficient; that was Frost’s “ place of business ” at that time, and the law presumes him to have been there. — Chouteau v. Webster, 6 Mete. 1; Graham v. Sangston, 1 Md. 59 ; Dan. on Neg. Inst., sect. 1027; Edwards on Bills and Notes, sect. 824; JSTarr v. Johnston, 9…

1Opinion of the CourtThompson, J.

This is an action upon a promissory note for $5,000 against the defendant'Chambers, as makér, and the defendant Frost, as indorser. There was a default as to Chambers, and an answer by Frost, under which he set up that he had not received notice of the non-payment of the note. The case was tried by the court without a jury ; the judgment went against him, and he has appealed. The only exceptions which were reserved in the course of the trial related to two or three rulings upon points of evidence, which we shall not consider, because the appellant does not ask us to consider them here. No…

2Cases cited6 opinions

  1. Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
  2. Barret v. EvansSupreme Court of Missouri · 1859
  3. Gilchrist v. DonnellSupreme Court of Missouri · 1873
  4. Sanderson's Adm'r v. ReinstadlerSupreme Court of Missouri · 1862
  5. Baily v. Bank of MissouriSupreme Court of Missouri · 1842

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3Cited by2 opinions

  1. Stephens v. GallagherMissouri Court of Appeals · 1890
  2. Greffet v. DowdallMissouri Court of Appeals · 1885

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