Tapley v. Herman
Missouri Court of Appeals
Appeal from Ralls Circuit Court. — Ho». David H. . Eby, Judge. (1) There was no evidence adduced to show that Whose Tatley assigned or indorsed said note to Hosea Tapley, or that Hosea Tapley was the owner of said note and had the right to maintain this action, or that said note was executed to Hosea Tapley by name of Whose Tatley. Neither are “Whose Tatley” and “Hosea Tapley” idem sonans.
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Appeal from Ralls Circuit Court. — Ho». David H. . Eby, Judge. (1) There was no evidence adduced to show that Whose Tatley assigned or indorsed said note to Hosea Tapley, or that Hosea Tapley was the owner of said note and had the right to maintain this action, or that said note was executed to Hosea Tapley by name of Whose Tatley. Neither are “Whose Tatley” and “Hosea Tapley” idem sonans. Possession of an unindorsed promissory note by one other than the payee is no evidence of ownership in the holder. Cavitt v. Thorp, 30 Mo. App. 131; Worril v. Roberts, 58 Mo. App. 197; Saville v.…
1Opinion of the CourtBarclay, J.
Plaintiff is executor of the estate ■of Hosea Tapley, deceased. Defendants are the maters of a note which is the foundation of the action. That document is as follows:
'“$100.50. “ September 16, 1889.
" Twelve months after date we promise to" pay to the order of Whose Tatlev, one hundred fifty dollars, for value received negotiable and payable without defalcation or discount and with interest from date at the *541rate of ten per cent per annum, and if the interest be not paid annually to become as principal and bear the-same rate of interest.
“Utmer Herman,
“John Herman.”
The petition, after showing…
2Cases cited3 opinions
- Taylor v. StricklandSupreme Court of Alabama · 1861
- Williams v. BakerIllinois Supreme Court · 1873
- Jacobs v. BensonSupreme Judicial Court of Maine · 1855
3Cited by3 opinions
- Killeen's EstateSupreme Court of Pennsylvania · 1932
- Hair v. EdwardsMissouri Court of Appeals · 1904
- McManus v. Oregon Short Line RailroadMissouri Court of Appeals · 1906