Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 52

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 52

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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. 1873 edition. Excerpt: ...prove facts excusing the delay in making demand of payment, and in giving notice to the defendants. The motion for a continuance being overruled, and the cause being submitted to the court, --jury waived, --the plaintifis read the note in evidence, and then offered to show by the certificates of protest of one Malmros, a notary public, and his deposition accompanying the same, that said note was presented for payment at the place where the same was made payable, that it was protested, and notice given the defendants on the 15th day of July, 1861. This evidence was excluded on the objection of defendants, The motion to set aside the non-suit being overruled, the cause is brought to this court by appeal. The application for a continuance was obviously without merit. The suit was instituted in March, 1870. Immediately thereafter, as the afiidavit states, steps were taken to procure the deposition of Terry, a witness residing at St. Paul, which failed, as is alleged, by reason of his temporary absence at Washington City. He remained absent however, until January, 1871: and it does not appear, that any further effort was made to take the deposition in the interim, a period of eight or nine months. A second attempt was made it seems in 1871 (but at what time is not disclosed) with a like result. So that during a period of about nineteen months the failure to procure the testi mony of a witness, whose residence was so well known, is utterly irreconcilable with that degree of diligence, that should be exacted of suitors under such circumstances. The certificate of protest and the deposition of the notary were properly excluded. The note matured July, 1861. The evidence ofiered showed, that demand of payment was not made until July 15, some fifteenshow more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • United States
  • English
  • black & white illustrations
  • 1236937295
  • 9781236937292