Wolf v. Burgess
Wolf v. Burgess
Opinion of the Court
delivered the opinion of the court.
Burgess is the indorser of a negotiable promissory note, on which he is sued, and the only question the record presents is in regard to the endeavor made to notify him of the default of the maker. While the authorities are uniform that suitable exertions must be used in this respect, yet different courts have arrived at variant conclusions as to the quantum of effort necessary to be put forth in order to fill the measure of what the law denominates “due diligence.” Our own court, however, has laid down a rule on this point by which, as being .just, easy of observance and especially applicable to the case at bar, we are content to abide by. In Gilchrist vs. Donnell, (53 Mo., 591,) the action was brought against tire defendants as indorsers on a note payable at the Central Savings Bank'in St. Louis; Jefferson county in this State being their residence. And although the notary, after examination of the City directory, inquiry of the bank officers, and also of a firm who had indorsed the note, failing to ascertain where to send the notices, placed them in the City Post Office, addressed to the defendants ; yet as the evidence showed from other indorsers, living in East St. Louis, the requisite information could have been obtained, it was held that reasonable diligence had not been exercised, and that the defendants were exonerated from the liability they had assumed. In the present case the defendant had no place of business in the city and no particular stopping place'when there. Sometimes he would stop at the Union Savings'Association, or at Shippen’s office, or at
Judgment reversed and cause remanded;
Reference
- Full Case Name
- Marcus A. Wolf v. Edward Burgess
- Cited By
- 1 case
- Status
- Published