Ford v. Phillips
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. F. M. Black, Judge. (1) The evidence shews that Mrs. Ford indorsed' the note in suit and delivered it to her agent, F. H. Benson, and the Supreme Court will not disturb this finding.
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Appeal from Jackson Circuit Court. — Hon. F. M. Black, Judge. (1) The evidence shews that Mrs. Ford indorsed' the note in suit and delivered it to her agent, F. H. Benson, and the Supreme Court will not disturb this finding. Royal v. Jones, 78 Mo. 403; McCullough v. McCullough, 31 Mo. 226; Siebert v. True, 8 Kan. 52. (2) The note-was the property of Mrs. Ford and she had the right to-transfer it •, besides her husband consented to its transfer and for that reason it was valid. McLain v. Weidemeyer, 25 Mo. 364; Menkens v. Heringhi, 17 Mo. 297 ; Prestwick v. Marshall, 7 Bing. 565; Bank v. Joy,…
1Opinion of the Court
Ewing, C.
The petition alleges that plaintiffs are husband and wife ; that Mary J. Phillips was the wife of E. A. Phillips; that she owned in fee the real estate described in the petition, and that on July 25, 1874, the said Mary J. Phillips and her husband borrowed of said Aúna, M. Ford twelve hundred and fifty dollars, and executed to her their promissory note therefor, due in three years, bearing ten per cent, interest from date, and that they secured said note by a deed of trust, in the nature of a mortgage, on said real estate, in which one E. P. Nicholson was named as trustee ; that…
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