Goucher v. Carthage Novelty Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court. — Ho». Hugh Dabbs, Judge. (1) Whether in a given case notice sent through the post office is sent by the proper mode is a question of law when the facts are ascertained and undisputed. Linville v. Welch, 29 Mo. 203; Sanderson’s Admr. v. Reinstadler, 31 Mo. 1. c. 487; Bank v. Lawrence, 1 Pet.
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Appeal from Jasper County Circuit Court. — Ho». Hugh Dabbs, Judge. (1) Whether in a given case notice sent through the post office is sent by the proper mode is a question of law when the facts are ascertained and undisputed. Linville v. Welch, 29 Mo. 203; Sanderson’s Admr. v. Reinstadler, 31 Mo. 1. c. 487; Bank v. Lawrence, 1 Pet. (U. S.) 682; Bank v. Bender, 21 Wend. 643. (2) It is a general rule that where the endorser and the party who is required to give him notice reside in the same town or city, that the notice must be given to him personally or at his domicile or place of business.…
1Opinion of the CourtJohnson, J.
Action against the indorser of a negotiable promissory note. The trial court held that legal notice of dishonor had not been given and entered judgment for defendant and plaintiff appealed.
On June 15, 1903, A. A. Cass executed and delivered the note to the Carthage Novelty Company, the payee. Before maturity, the payee sold and indorsed it to a Mr. Craig, who in turn sold and delivered it to plaintiff (the indorsement being made to Craig or bearer.) Plaintiff discounted it at the Carthage National Bank, in whose possession it remained until maturity. On that date, the bank handed the note to…
2Cases cited3 opinions
- Pier v. HeinrichshoffenSupreme Court of Missouri · 1877
- Rolla State Bank v. PezoldtMissouri Court of Appeals · 1902
- Commercial Bank v. StrongSupreme Court of Vermont · 1856
3Cited by12 opinions
- Lieb v. WebsterWashington Supreme Court · 1948
- United States ex rel. Helmecke v. RiceDistrict Court, S.D. Texas · 1922
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932
- Farrow v. Department of Labor & IndustriesWashington Supreme Court · 1934
- Armour & Co. v. American Automobile InsuranceSupreme Court of Missouri · 1935
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