42 Mo. App. 245 | Mo. Ct. App. | 1890
This was an action on a promissory note against Gallagher, as maker, and Splete, as indorser. There was a default as to Gallagher, and judgment on the merits in favor of Splete, and, the plaintiff prosecutes this appeal. It appeared at the trial that the holder of the note, at the time when it was dishonored and protested for nonpayment, was the Fifth National Bank of St. Louis, and that 'Splete was superintendent of the St. Louis Planing Mill, and had a desk in the office of the mill. The notary’s certificate of protest stated that he had given notice of the dishonor of the note to Splete “ by mail, by immediate delivery to him through the postoffice, prepaid to him at St. Louis Planing Mill Company,” etc. On this evidence the circuit judge, who tried the case sitting as a jury, took the cause under advisement. Eleven days afterwards the plaintiff, through his attorney, filed a motion to set aside the submission and reopen the case, which motion the court overruled. This motion showed no diligence in endeavoring to be ready for trial, when the case was called, but showed that the plaintiff could, if permitted, put in evidence the following copy of the record of the special delivery of letters kept by the St. Louis post-office.
“2163. Local. J. R. Splete, Seventh Mullanphy, 10 : 55 a. m., October 27, 1887. Delivered by Kose to St. Louis Planing Mill Company. Signed for in the book with rubber stamp, ‘ St. Louis Planing Mill Company.’ I certify that the above is a correct copy of the record in this office. John B. Harlow,
“ Postmaster.”
The judgment is accordingly affirmed.