Haeussler v. Greene
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The indorsee of an overdue note does not take it subject to-an offset arising from independent transactions between, the parties. —Arnot v. Woodburn, 35 Mo. 99 ; Unseld v„ Stephenson, 33 Mo. 161 ; Smith v. Busby, 15 Mo. 399..
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Appeal from the St. Louis Circuit Court. The indorsee of an overdue note does not take it subject to-an offset arising from independent transactions between, the parties. —Arnot v. Woodburn, 35 Mo. 99 ; Unseld v„ Stephenson, 33 Mo. 161 ; Smith v. Busby, 15 Mo. 399.. That the payee is indebted to the maker, and insolvent, makes no difference in a suit on the notes by the transferee.— Hoplcins v. Fechter, 47 Mo. 331. If the appellant sues-as Gambs’ representative, certainly he cannot ask a judgment against respondent, to whom Gambs is a heavy •debtor. If he sues as trustee for the four…
1Opinion of the CourtHayden, J.
This is an action on nine notes, some of which were due-'bills and others in form negotiable promissory notes, made by the defendant, and by the payee, one Henry Gambs, assigned •or indorsed to the plaintiff." For the purposes of this case it may be admitted that the plaintiff received them all after maturity. It appeared that Gambs had been public administrator of St. Louis County, and was a defaulter and lai’gely indebted upon his bond, on which the defendant and three other persons were sureties. The defendant, ■before the time when Gambs transferred these notes and *453due-bills to…
2Cases cited4 opinions
- Bailey v. SmockSupreme Court of Missouri · 1875
- Gullett v. Hoy & OrtonSupreme Court of Missouri · 1852
- Arnot v. WoodburnSupreme Court of Missouri · 1864
- Unseld v. StephensonSupreme Court of Missouri · 1862
3Cited by5 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Cutler v. CookSupreme Court of Missouri · 1883
- Gemmell v. HuebenMissouri Court of Appeals · 1897
- Grier v. HinmanMissouri Court of Appeals · 1880
- Ortt v. LeonhardtMissouri Court of Appeals · 1903