Legal Opinion

Payne v. First National Bank

Missouri Court of Appeals

Decided January 27, 1891PublishedCited by 8 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge." (1) The note having been made payable to Robert II. Payne, trustee for Margaret Payne, it was payable to Robert H. Payne personally, the words “trustee for’Margaret Payne” being simply descriptio personos.

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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge." (1) The note having been made payable to Robert II. Payne, trustee for Margaret Payne, it was payable to Robert H. Payne personally, the words “trustee for’Margaret Payne” being simply descriptio personos. Bryant v. Durlcee, 9 Mo. 168; Jeffries O. McLean, 12 Mo. 538; .Thornton v. Rankin, 19 Mo. 193; Nickerson Cilliam, 29 Mo. 456; Powell v. Morrison, 35 Mo. 244; Fletcher v. Schaumberg, 41 Mo. 501; Powder Co. O. Sinsheimer, 48 Mo. 411; Agricultural Works O. Heissefs Adm'r, 51 Mo. 128; Arnmerman O. Rittenhouse, 64 Mo. 197;…

1Opinion of the CourtBiggs, J.

The plaintiff sued the defendant for the conversion of a promissory note, of which the following is .a copy:

“$1200. St. Charles, Mo., July 13, 1885.

‘ ‘ One year after date we promise to pay to Robt. H. Payne, trustee for Margaret Payne, or order, $1,200, value received, with interest from date at the rate of' eight per cent, per annum, negotiable and payable without discount or defalcation.

“[Signed.] J. A. Goddard, Principal.
“Alf. H. Payne, Security.
“A. Stonebraker, Security.
“ Ezra Overall, Security.”

On the back of this note were the following indorsements :

“July 12, 1886, received of John A.…

2Cases cited13 opinions

  1. Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
  2. Duncan v. JaudonSupreme Court of the United States · 1873
  3. Neuhoff v. O'ReillySupreme Court of Missouri · 1887
  4. Powell v. MorrisonSupreme Court of Missouri · 1864
  5. Rittenhouse v. AmmermanSupreme Court of Missouri · 1876

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. McLeod v. DespainOregon Supreme Court · 1907
  2. Johnson v. Payne & Williams BankMissouri Court of Appeals · 1894
  3. Western & Atlantic R. R. v. VoilsSupreme Court of Georgia · 1896
  4. Clark v. First National BankMissouri Court of Appeals · 1894
  5. Sparrow v. State Exchange BankMissouri Court of Appeals · 1903

3 more not listed; retrieve them via the Exa API.

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