Peoples Bank v. Hansbrough
Missouri Court of Appeals
Appeal from St. Erancois Circuit Court. — Ron. James D. Box, Judge. STATEMENT OK THE CASE. The plaintiff filed in a justice’s court the following note, and indorsement thereon, as the statement and basis of its cause of action against the defendant: “ .08 “$10.75 “De Soto, Mo., September 11, 1897. “Ninety days after date I promise to pay $10.75 to the order of People’s Bank of De Soto, value received with interest at the rate of eight per cent per annum from-and if interest…
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Appeal from St. Erancois Circuit Court. — Ron. James D. Box, Judge. STATEMENT OK THE CASE. The plaintiff filed in a justice’s court the following note, and indorsement thereon, as the statement and basis of its cause of action against the defendant: “ .08 “$10.75 “De Soto, Mo., September 11, 1897. “Ninety days after date I promise to pay $10.75 to the order of People’s Bank of De Soto, value received with interest at the rate of eight per cent per annum from-and if interest be not paid annually, to become as principal and bear same rate of interest. Payable at People’s Bank of De Soto,…
1Opinion of the CourtBond, J.
It is insisted that there was no evidence that the plaintiff bank had any knowledge of the intention of de-, fendant by signing his name on the back of the note before its delivery or indorsements to the payee, to limit his liability to that of an indorser. The foregoing letters from the plaintiff bank to defendant furnish a complete answer to this contention. *256Each communication recognizes the defendant as an indorser, only, of the note in suit. These letters were written by the cashier of the bank and its learned attorney. These persons by their respective avocations must be presumed to have…
2Cases cited1 opinion
- Pohle v. DickmannMissouri Court of Appeals · 1896