Hogan v. Kaiser
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. J. MoD. Trimble, special Judge. (1) The statement filed before the justice is insufficient in that it does not state whether the note is lost or destroyed, and the statement and the affidavit to it recite plaintiff’s belief that the note is lost or destroyed.
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Appeal from Jackson Circuit Court. — Eon. J. MoD. Trimble, special Judge. (1) The statement filed before the justice is insufficient in that it does not state whether the note is lost or destroyed, and the statement and the affidavit to it recite plaintiff’s belief that the note is lost or destroyed. R. S. 1899, sec. 3854; R. S. 1899, sec. 642. (2) Plaintiff’s failure to notify Kaiser that the check given by Bishop to take up the note was not paid so that Kaiser could protect himself against loss, operated to release Kaiser from liability. If the payee causes the •surety to forego security…
1Opinion of the CourtJohnson, J.
— Suit upon a promissory note begun before a justice of the peace against W. C. Bishop and defendant. The judgment in the circuit court was for plaintiff against both defendants but Kaiser alone appealed. Both Bishop and Kaiser signed the note as makers but the latter was in fact a surety. Some time after maturity, Bishop gave plaintiff his check upon a bank for the full amount due and plaintiff, believing the check to be good, thereupon delivered the note to Bishop who retained possession thereof. The check was dishonored by the bank for lack of funds to the credit of the drawer. In the…
2Cases cited8 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Eans' Adm'r v. Exchange BankSupreme Court of Missouri · 1883
- Barrows v. MillionMissouri Court of Appeals · 1890
- Central Savings Bank v. DanckmeyerMissouri Court of Appeals · 1897
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3Cited by2 opinions
- Hays v. DowMissouri Court of Appeals · 1942
- Lewis v. SmithMissouri Court of Appeals · 1914