Quigley v. Mexico Southern Bank
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. Plaintiff, respondent here, sued defendant for money collected on a note made payable to the order of plaintiff, and signed by one "William IT. Woolwine as maker, wbicb money so collected plaintiff' averred had not been paid over to him. Defendant answered, setting up 1st, A general denial; 2nd, A special plea of res adjudicata.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. Plaintiff, respondent here, sued defendant for money collected on a note made payable to the order of plaintiff, and signed by one "William IT. Woolwine as maker, wbicb money so collected plaintiff' averred had not been paid over to him. Defendant answered, setting up 1st, A general denial; 2nd, A special plea of res adjudicata. Upon the trial there was evidence tending to show that plaintiff had left the note in controversy with one Henry S. Clark, an attorney, for collection only, and that he delivered it to said attorney…
1Opinion of the CourtSherwood, J.
Action by Quigley to recover from the bank the amount due on a promissory note, which had been collected by the bank from Woolwine, the maker, Quigley being the payee and the note payable to his order. The bank claimed to be an innocent holder. There was testimony that the note in question was left with H. S. Clark, an attorney, for collection, and for no other purpose. There was testimony also that the note was not indorsed by the payee, and there was testimony of a contrary effect. The testimony also tended to show that the bank was a purchaser of the note before maturity, and for value,…
2Cases cited6 opinions
- Schell v. LelandSupreme Court of Missouri · 1870
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Henry v. WoodsSupreme Court of Missouri · 1883
- Goodfellow v. LandisSupreme Court of Missouri · 1865
- State ex rel. Petts v. StaleySupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Harness v. CravensSupreme Court of Missouri · 1894
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Fleming v. StateCourt of Criminal Appeals of Texas · 1911
- Fleming v. StateCourt of Criminal Appeals of Texas · 1911
13 more not listed; retrieve them via the Exa API.