Missouri Appeal Reports Volume 67

Missouri Appeal Reports Volume 67

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...who is neither payee nor indorsee of a promissory note writes his name on the back of it, the mere use of the terms, "index-se" and "indorser," by the parties to the transaction in their discussion of it, without any evidence that the same were used in their technical or legal sense, is not audicient to establish an intention to restrict his obligation to that of indorser. Appeal from the St. Louis City Circuit Court.--HoN. P. R. FLITCRAFT, Judge. AFFIRMED. J. R. lllyers for appellants. (1) Any person who writes his name across the back of a note, of which he is neither maker nor payee, may show that it was agreed and understood between the maker, payee, and himself, that he was to be indorser. W. H. Barnett o. W. Nolte, 55 Mo. App. 184; John Mammon v. Johanna Hartman, 51 Mo. 168. (2) A justice of the peace shall render judgment and enter the same in his docket within three days after the cause shall have been submitted to him for his final decision. R. S. sec. 6279. J. W. Collins for respondent. (1) A person other than the payee who signs his name on the back of a note before its delivery is held prima facie to be a joint maker, and not an indorser. To avoid such liability as maker, the burden is on him to show there was a special contract or understanding between him and the payee, that he should be liable, not as maker, but only as an indorser in the strict and technical sense of the term; and the use of the word, indorser, by the parties to the contract, does not of itself constitute such proof of such a contract. Schmidt Malling Co. v. llliller, 38 Mo. App. 252; Boyer v. Boogher, 11 Mo. App. 130. (2) The judgment of a justice of the peace is not invalidated by reason of the failure of the justice to render it...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236775872
  • 9781236775870