Western Boatmen's Benevolent Ass'n v. Wolff
Supreme Court of Missouri
Appeal from St. Louis Circuit Court.. This suit was brought on a note made by one Hugh Davis to tbe order of respondent, and the defendant wrote his name on the back of the note, of which he was neither payee nor indorsee. While the appellant is prima fade a co-maker, it is competent to show by parol evidence that the signature was affixed only as indorser.
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Appeal from St. Louis Circuit Court.. This suit was brought on a note made by one Hugh Davis to tbe order of respondent, and the defendant wrote his name on the back of the note, of which he was neither payee nor indorsee. While the appellant is prima fade a co-maker, it is competent to show by parol evidence that the signature was affixed only as indorser. (Powell v. Thomas, 7 Mo. 492 ; Lewis v. Harvey, 18 Mo. 74; Perry v. Barrett, id. 140 ; Baker v. Block, 30 Mo. 225.) Appellant having written his name on the back of the note, of which he was neither payee nor indorsee, is to be treated as…
1Opinion of the CourtWagner, Judge
Prima facie, a party who writes his name on the back of a promissory note, of which he is neither payee nor indorsee, is to be treated as a maker of the note, and the payee is entitled to recover of him without proof of demand on the maker and notice of non-payment. (Powell v. Thomas, 7 Mo. 440; Hooper v. Pritchard, id. 492; Lewis v. Harvey, 18 Mo. 74; Baker v. Block, 30 Mo. 225.) The note was presumptive evidence of the defendant’s undertaking as a maker, and he introduced himself as a witness, and gave evidence tending to show that he placed his name on the back of the note as indorser, and…
2Cases cited3 opinions
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Powell v. ThomasSupreme Court of Missouri · 1842
- Baker v. BlockSupreme Court of Missouri · 1860
3Cited by3 opinions
- Kuntz v. TempelSupreme Court of Missouri · 1871
- Mammon v. HartmanSupreme Court of Missouri · 1872
- Kealing v. VansickleIndiana Supreme Court · 1881