Menkens v. Heringhi

Decision Date31 October 1852
Citation17 Mo. 297
PartiesMENKENS, Respondent, v. HERINGHI, Appellant.
CourtMissouri Supreme Court

1. The endorsement by a married woman of a bill of exchange, payable to her order, in the presence of, and with the consent of her husband, will pass the title.

Appeal from St. Louis Circuit Court.

This was an action brought by Menkens, the respondent, against Heringhi, the appellant, before a justice of the peace, on the 20th day of August, 1850, upon two drafts or bills of exchange, written partly in the Italian language, partly in the German language, and partly in the English language, of which the following are correct translations:

No. 1.

The 15th of March, 1850, for $62.

In four months from date, pay at the request of my own account, the _______ of exchange, to the order of Theresa Nigles, the sum of sixty-two dollars, for value received, in goods, and charge hi account of as per advice.

THERESA NIGLES.
(Signed)

BERNARDO HERINGHI.

Signed St. Louis, March 15th.

Which is endorsed, “pay to the order of Frederick Menkens.”

(Signed)
THERESA NIGLES.
No. 2.

The 15th of March, 1850.

In five months after date, pay at the request of my own account, the _______ of exchange, to the order of Theresa Nigles, the sum of sixty-two dollars, value received, in goods, and charge hi account of as per advice.

(Signed)
THERESA NIGLES.
To Mr. Bernard Heringhi.

BERNARD HERINGHI.

St. Louis, 15th of March.

On which is the following endorsement:

“Pay to Frederick Menkens, or order.

THERESA NIGLES.”

On the trial before the justice, a judgment was rendered for the plaintiff, and the case was appealed to the Circuit Court of St. Louis county, by the defendant. On the trial in the Circuit Court, a jury being waived by both parties, the plaintiff proved that, some time before the first draft became due, and before the last one came due, Theresa Nigles, who was at that time the owner of them, and lived in Peoria, Illinois, left them with Bernard Menkens, a brother of plaintiff, for collection. Some time after that, plaintiff, who also lived in Peoria, wrote to Bernard Menkens that he (plaintiff) had bought the drafts, and suit was then brought on them in plaintiff's name. They were never out of Bernard Menkens' possession, from the time they were left with him for collection until suit was brought upon them. The endorsement to plaintiff was filled up by plaintiff's attorney at the time the suit was brought. Plaintiff proved by the deposition of John Nigles that, at the time of the drawing and endorsing of the bills, Theresa Nigles was a married woman, the wife of witness; that they were married in September, 1849; that the bills were given for goods purchased by defendant from said Theresa, before her marriage. Witness stated that, at the time of the drawing and endorsing of the bills, Theresa Nigles was doing business on her own account; that he, witness, was present when the bills were endorsed, and that they were so endorsed by his consent and authority. Both parties having closed the case, the defendant asked the following instructions, which were refused:

1. If the court, sitting as a jury, believe from the evidence that the endorser of said notes was a married woman at the time the endorsement was made, the defendant is entitled to a verdict.

2. Unless plaintiff shows that Theresa Nigles, the endorser of said bills, was engaged in business on her own account at the time said bills were drawn and accepted, and that the bills in question were drawn in the usual course of such business, and that she was in the habit of drawing and endorsing such bills, the defendant is entitled to a verdict.

3. The bills in question being originally drawn by Theresa Nigles, a married woman, and accepted by defendant for a debt due said Theresa, before her marriage, unless plaintiff has shown an authority from her husband to draw said bills as well as to endorse, the defendant is entitled to a verdict.

4. Endorsement by a married woman is void and not binding, unless it is made in the regular course of trade, and where the woman is doing business as a feme sole, or as the specially authorized agent of her husband; and if acting as agent, it should so appear on the face of the bills.

The plaintiff's counsel also asked instructions, and the court took the matter under advisement until the next day. On the next day, plaintiff's counsel withdrew...

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6 cases
  • Hurt v. Cook
    • United States
    • Missouri Supreme Court
    • 12 Julio 1899
    ...And the indorsement of the note by plaintiff in the presence of her husband by her direction, was sufficient to pass the title. Menkens v. Heringhi, 17 Mo. 297; McClain Weidemeyer, 25 Mo. 364. Plaintiff has been sui juris since the enactment of sec. 6864, R. S. 1889, except as to her right ......
  • McGuire v. Allen
    • United States
    • Missouri Supreme Court
    • 22 Diciembre 1891
    ...his act. Evans v. Secrist, 3 Ind. 545; Bank v. Joy, 41 Me. 568; Stevens v. Beals, 10 Cush. 291; Mudge v. Bullock, 83 Ill. 22; Menkins v. Heringhi, 17 Mo. 297; McLean Weidmeyer, 25 Mo. 364. And the wife is not bound by the contracting part of the indorsement in the absence of enabling statut......
  • First National Bank of Plattsburg v. Fry
    • United States
    • Missouri Supreme Court
    • 13 Mayo 1902
    ... ... Schouler on Husband and Wife, secs. 238, 248; ... Wisdom v. Shanklin, 74 Mo.App. 430; McClain v ... Weidemeyer, 25 Mo. 364; Menkens v. Heringhi, 17 ... Mo. 297; Moreau v. Branson, 37 Ind. 195. The ... delivery to her husband, for the children, of her ... husband's note, made ... ...
  • Ford v. Phillips
    • United States
    • Missouri Supreme Court
    • 31 Octubre 1884
    ...transfer it; besides her husband consented to its transfer and for that reason it was valid. McLain v. Weidemeyer, 25 Mo. 364; Menkens v. Heringhi, 17 Mo. 297; Prestwick v. Marshall, 7 Bing. 565; Bank v. Joy, 41 Me. 568; Stevens v. Beal, 10 Cush. 291; Miller v. Delameter, 12 Wend. 433; Rola......
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