Pococke v. Blount
Supreme Court of Missouri
Error to the St. Louis Circuit Court. 1. The court erred in refusing the plaintiff’s instructions. 2. The instructions given by the court were erroneous, for the reasons already stated demand and notice were not requisite under the statute, nor the declaration. 3. The court erred in overruling the plaintiff’s motion for o new trial. The instructions refused should have been given, those given, being opposite in their character, as a consequence. should have been refused.
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Error to the St. Louis Circuit Court. 1. The court erred in refusing the plaintiff’s instructions. 2. The instructions given by the court were erroneous, for the reasons already stated demand and notice were not requisite under the statute, nor the declaration. 3. The court erred in overruling the plaintiff’s motion for o new trial. The instructions refused should have been given, those given, being opposite in their character, as a consequence. should have been refused. I Esp. 302. 5 Mass. 170. 7 Wendell 165. 1 Sug. and Rawles 33.4. 17 Wendell 04-2. R. C; 105, sec. 9. 2 Breeze 46. 1 .vcjl.…
1Opinion of the Court
Opinion of the Court delivered by
Ndpton Jud^e.
Pococke, the assignee of a promissory note, sued Blount, the assignor, in assumpsit. The declaration contained :two special counts, besides the common counts.
The first count-avers, after setting forth the mote, that a demand was made upon the maker and notice given of nonpayment to the • endorser; and that the maker, at the time the note became due, and at-the commencement-of this suit, was insolvent, so that a writ against him would have been unavailing.
The second special count avers demand, and notice of a refusal to pay, and that a suit was…
2Cases cited2 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- State v. BeasleySupreme Court of Missouri · 1837
3Cited by3 opinions
- Lowenstein v. KnopfMissouri Court of Appeals · 1876
- Herrick v. EdwardsMissouri Court of Appeals · 1904
- Baker v. BladesSupreme Court of Missouri · 1856