Turk v. Stahl
Decision Date | 31 October 1873 |
Citation | 53 Mo. 437 |
Parties | HELEN TURK, Appellant, v. SAMUEL STAHL, Respondent. |
Court | Missouri Supreme Court |
Appeal from Madison Circuit Court.
Fox and Duchouquette with Math. J. Clardy, for Appellant.
I. All promissory notes are payable at the time indicated therein, absolutely and without days of grace. (W. S., 216, § 15.) Section 18, W. S., 217, merely adopts a different mode of expression.
B. B. Cahoon, for Respondent.
I. The note sued on, being for the payment of money to the payee therein named, or order, and expressed to be for value received, was negotiable, and in this State has the same effect as an inland bill of exchange, under the law merchant. (W. S., 216, § 15: Kel. Mo. Trea., 322-3.)
II. Inland bills of exchange, and negotiable promissory notes, are entitled, and subject, to three days of grace.
III. All contracts are made with reference to existing laws, and the three days of grace, though not generally expressed on the face of negotiable notes, or inland bills of exchange, enter into the contract of their making as much as though they were expressly agreed in the notes or bills to be given. (Ogden vs. Saunders, 12 Wheat., 213; Gracie vs. Marine Ins. Co., 8 Cranch., 75; Mills vs. Bank of U. S., 11 Wheat., 431; Bank of Washington vs. Triplett, 1 Pet., 25.)
IV. A demand made before the third day of grace is a mere nullity, and the same as if made before the instrument was due. (Ivory vs. Bank of Missouri, 36 Mo., 475.)
V. The suit was prematurely brought, and the plaintiff cannot recover in this action. (Estis vs. Tower, 102 Mass., 65; Gordon vs. Parmelee, 15 Gray, 413.)
VI. Sections 15, 18 and 19, Chap. 18, (W. S.,) are transcripts from the English Statute, and the words,--“shall be due and payable as therein expressed” &c.,--have always been construed to mean only, that no other proof of the date or consideration of the instrument, than that expressed on their face, shall primarily be necessary to make out a prima facie case, in the actions upon negotiable notes or inland bills of exchange. (W. S., 270, § 6.)
This was a suit originally instituted before a justice of the peace by Helen Turk against Samuel Stahl, on an instrumen of writing in these words:
$100.00. |
Sept. 1st, 1871.
Ten days after date, I promise to pay Joseph Turk, or or der, the sum of one hundred dollars, for value received.
SAMUEL STAHL.
The plaintiff, to whom the note had been transferred, instituted suit on the same on the 13th day of September, obtained service on the defendant on the same day, and subsequently recovered judgment for the sum specified in the note, and interest.
From this judgment the defendant appealed to the Circuit Court, which held, that as the note was entitled to three days grace, therefore that the action was prematurely brought, and gave a declaration of law to that effect. Thereupon the plaintiff took a non-suit, with leave, &c.,--and now insists, that because § 15 of that chapter of our statute, respecting Bills of Exchange, provides, that “Every promissory note for the payment of money to the payee therein named, or order, or bearer, and expressed to be for value received, shall be due and payable as therein expressed,” that it must necessarily follow, that such notes fall due on the day mentioned...
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