Grelle v. Loxen
Grelle v. Loxen
Opinion of the Court
delivered the opinion of the court.
The petition alleges that the defendant Loxen executed and delivered his negotiable promissory note, whereby he
The only testimony introduced consisted of the note with its indorsement and the notarial protest. As the defendant Beckerman, if liable at all, was liable as a maker only, the protest and notice cut no figure in the case. The only question is, whether, under the pleadings and the proofs, the plaintiff has made out a case against the defendants.
The petition is loosely drawn. It does not in terms allege a promise by Beckerman, but only that he put his name on the back of the note before its delivery. As the defendant interposed no objection on this account, but in his answer tendered issues indicating that he was fully apprised of the plaintiff’s intent to charge him by the petition as a maker and joint promisor, the defect in this respect was cured.
The possession of the note by the plaintiff was prima facie evidence that he had acquired it in good faith, for value, in the usual course of business. Shirts v. Overjohn, 60 Mo. 305. The name of Beckerman appears first on the back of the note, and that of the plaintiff is written underneath. The presumption is that the names were severally
There is no error in the record. All the judges concurring, the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.