First National Bank v. Payne
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Under the testimony in the case the defendants were makers of the note sued on, and were liable as such. When parties place their names on the back of a note to which they are strangers, they are regarded as makers in the absence of extrinsic proof of an agreement to the contrary between them and the payee, known to the indorsee.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Under the testimony in the case the defendants were makers of the note sued on, and were liable as such. When parties place their names on the back of a note to which they are strangers, they are regarded as makers in the absence of extrinsic proof of an agreement to the contrary between them and the payee, known to the indorsee. Bank v. Hammer slough, 72 Mo. 274; Semple v. Turner, 65 Mo. 696; Chaffe v. Railroad, 64 Mo. 196; Cahnv. Button, 60 Mo. 297; Stagg v. Linnenfelsor, 59 Mo. 336; S.eymore v. Barrel, 51 Mo. 95;…
1Opinion of the Court
Brace, J.,
This action is based upon the indorsements of defendants upon the following promissory note filed with the petition:
“$6,000. St. Louis, Mo., March 28, 1889.
“Sixty days after date I promise to pay to Robért H. Payne or order $6,000. Value received, with interest at the rate of-per centum per annum. Negotiable and payable without defalcation or discount.
“Robert H. Payne.”
Upon which were the following indorsements:
“May 30, 1889. Protest is hereby waived by the undersigned indorsers:
“Robert H. Payne,
“Eannie E. Payne,
“Rochester Eord.”
*297The petition was in two counts. The first charged the…
2Cases cited18 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Stanton v. RyanSupreme Court of Missouri · 1867
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Asbury v. HicklinSupreme Court of Missouri · 1904
- Hancock v. SniderWest Virginia Supreme Court · 1926
- Malone v. Fidelity & Casualty Co.Missouri Court of Appeals · 1897
- Sykes v. Citizens' National BankSupreme Court of Kansas · 1908
- Miller v. WilsonSupreme Court of Missouri · 1894
14 more not listed; retrieve them via the Exa API.