Wright v. Truesdail

Decided October 15, 1863

Supreme Court of Missouri · decided 1863-10-15

This is an action brought by Wright, the holder, against Truesdail, the endorser, of a negotiable promissory note made by one Woolsey. There is no allegation in the petition that payment of the note was demanded at any time, or that Truesdail was ever notified of its non-payment. To cure this, it is charged that Woolsey was insolvent from the maturity of the note, and that a suit against him would have been unavailing. This is no excuse for the want of a demand and notice.

Decided 1863-10-15

Bay, Judge,

¶1delivered the opinion of the court.

¶2This was a suit by the endorsee against the endorser of a promissory note, but it does not appear from the face of the petition whether it was negotiable or not. Judgment was rendered by default. The record does not show that a motion was made to arrest or set aside the judgment, nor was any bill of exceptions filed in the cause. No question of law is saved for the consideration of this court.'*

¶3Judgment affirmed ;

the other judges concurring.

¶4The petition, it will be observed, upon its face sets forth a good cause of action against the assignor of a non-negotiable note; as for the purpose of the suit, it is presumed the petition sets out the note according to' its legal effect» There was, therefore, no error apparent upon the face of the record. — Bm?-.