Wollman v. Loewen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Bo». John A. Talty, Judge. (1) The circuit court erred in peremptorily instructing the jury to find for the respondent against the appellant, either as a joint maker or as an indorser, for the following reason: The testimony showed that the appellant was not a maker, hut was accepted hy the respondent and his indorser, Henry Wollman, as an indorser.
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Appeal from St. Louis City Circuit Court. — Bo». John A. Talty, Judge. (1) The circuit court erred in peremptorily instructing the jury to find for the respondent against the appellant, either as a joint maker or as an indorser, for the following reason: The testimony showed that the appellant was not a maker, hut was accepted hy the respondent and his indorser, Henry Wollman, as an indorser. Lewis v. Harvey, 18 Mo. 74; Schneider v. Schiffman, 20 Mo. 571; Mammon v. Hartman, 51 Mo. 168; Cahn v. Dutton, 60 Mo. 297. (2) The appellant was not liable in any capacity, because the consideration had…
1Opinion of the CourtGoode, J.
Respondent Morton Wollman sued Sigfried Bienenstok and David Loewen on two promissory notes, both for $1,250, dated November 17, 1896, signed on their faces by Sigfried Bienenstok and •on the backs by David Loewen, payable two years after date with interest at the rate of five per cent per annum. One of said notes was made payable to Morton Wollman ■or his order and the other to Henry Wollman or his •order, and the latter was indorsed by the payee, Henry Wollman, to respondent Morton Wollman.
The petition was in four counts, the first declaring ■on the note in which Morton Wollman was payee…
2Cases cited5 opinions
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Macfarland v. HeimSupreme Court of Missouri · 1895
- Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886
- Kingman & Co. v. Cornell-Tebbetts Machine & Buggy Co.Supreme Court of Missouri · 1899
- Palmer v. FieldNew York Supreme Court · 1894
3Cited by4 opinions
- Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.Supreme Court of Missouri · 1920
- Eitel v. FarrMissouri Court of Appeals · 1914
- Grath v. Mound City Roofing Tile Co.Missouri Court of Appeals · 1906
- Brownlee-Moore Banking Co. v. HendersonSupreme Court of Missouri · 1940