6 Mo. 379 | Mo. | 1840
Opinion of the Court delivered by
The Bank sued Moore in the circuit court, and judgment was there given against Moore, to reverse which he appeals to this court.
The evidence preserved in the bill of exceptions is, that on the 24th of October 1827, one Wilcox made his note to be paid to the order of one Stine, negotiable and payable, at the Bank of the State of Missouri. The note was endorsed by Stine to Moore, and by Moore to the Bank, and protested for non-payment. A witness on the part of plaintiff proved, that he acted as clerk for the notary public: that it
^ a principle- of law, admitted universally, and acted. on at this term of this- court in the case of Guerno vs. Janis, that when an officer performs any act in pursuance of a du- ^ enj°ined on him by law, his act, thus performed, proves itself. See-,, to the same purpose, the case- of Ronkendorf vs. Taylors lessee, (4 Peters R. 349, where it was. decided, that the official tax books of the corporation of Washington City, made up by the Register, from the original returns or lists 0f assessor laid before the court of appeals — he being em- , , , ,. ^ i powered, by the ordinances oí the corporation, to correct
The judgment of the circuit court ought then, in my opinion, to be affirmed, and Judge Napton concurring in this, opinion, it is affirmed.
In this case I am not prepared at this time- to give an opinion.