Creasy v. Gray
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. STATEMENT OF THE CASE. The suit is on the following promissory note: “Centralia, Mo., August 13, 1897. “On or before the first day of January, 1899, for value received I promise to pay to the McCormick Harvesting Ma-obi tip Company (a corporation organized and existing under the laws of the State of Illinois, and having its chief office, and place of business in the city of Chicago, county of Cook, State of…
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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. STATEMENT OF THE CASE. The suit is on the following promissory note: “Centralia, Mo., August 13, 1897. “On or before the first day of January, 1899, for value received I promise to pay to the McCormick Harvesting Ma-obi tip Company (a corporation organized and existing under the laws of the State of Illinois, and having its chief office, and place of business in the city of Chicago, county of Cook, State of Illinois), or order, at Centralia, Missouri, one hundred and twenty dollars, with interest at six per cent per annum…
1Opinion of the CourtBland, P. J.
To the admission of defendant’s evidence, the plaintiff objected on the ground that plaintiff was an innocent holder of the note for value before maturity, and that the consideration could not be inquired into. The court overruled the obj ection, holding the note to be non-negotiable. This ruling is assigned as error.
It will be discovered from an inspection of the note that it provides that if its collection is enforced by law, the maker agreed to pay ten per cent of the amount due (principal and *458interest), as an attorney’s fee. In McCoy v. Green, 83 Mo. loc. cit. 633, it was said of a note…
2Cases cited8 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- First National Bank v. MarlowSupreme Court of Missouri · 1880
- Lamar, Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1897
- Clark v. BarnesMissouri Court of Appeals · 1894
- First National Bank v. JacobsSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Mechanics'-American Nat. Bank v. ColemanCourt of Appeals for the Eighth Circuit · 1913
- Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Davis v. McCollMissouri Court of Appeals · 1914
- German-American Bank v. MartinMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.