Page v. Snow
| Decision Date | 31 March 1853 |
| Parties | PAGE & BACON, Appellants, v. SNOW et al., Respondents. |
| Court | Missouri Supreme Court |
1. The holder of a note may sue all or any of the parties to it, at his option.
2. In a petition on a note against the maker and some of the indorsers, it is not necessary to allege that the note has not been paid by an indorser, who is not joined in the suit, or that the amount of the note is due to the plaintiff. It is sufficient to aver the execution of the note and the non-payment of it by the defendants.
Appeal from St. Louis Court of Common Pleas.
Knox & Kellogg, for appellants.
J. H. Rankin, for respondents.
Page & Bacon brought suit on a note which is negotiable under the statute, made by Snow, payable to Scott, alleged in the petition to have been indorsed by Scott to Ivers, and by Ivers to Mills, and by Mills to Harlow, and by Harlow to Watkins, and by Watkins to plaintiffs. The suit is against Snow, the maker, and all the indorsers, except Scott, who was the payee and first indorser. The petition alleges presentment for payment and notice of the dishonor to the defendants, and avers, that neither of the defendants had paid the note nor any part thereof, and prays judgment for the amount of the note and interest. Ivers and Mills demurred to the petition, on the grounds that Scott should have been a party, and that the petition should have contained a statement of the sum due to the plaintiffs. It is also stated, as an objection to the petition, that it should have been averred that the note had not been paid to the plaintiffs by Scott, the first indorser.
1. The eighth section of article four of the code permits persons severally liable, including parties to bills of exchange and promissory notes, to be included, all or any of them, in the same action, at the option of the plaintiff. The petition, then, is not bad, because Scott was not made defendant.
2. The third clause of section one, article six, requires that, if the recovery of money be demanded, the amount thereof shall be stated, or such facts as will enable the defendant and the court to ascertain the amount demanded. The petition prays judgment for the amount of the promissory note, with interest. This is sufficient. The petition states presentment for payment and refusal, and notice of the dishonor to the defendants. These facts gave a right of action against each of the defendants, and if each had been sued by himself, a...
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