Lewiston Savings Bank v. Lawson
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Eon. E. B. McKee, Judge. The evidence showed plaintiff had possession of the note —that it bought the note before maturity — without notice of any fraud or wrong, in the usual course of business; that it is a holder thereof in good faith for a valuable consideration. Upon the pleadings, issues and evidence, plaintiff was entitled to a judgment.
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Appeal from Lewis Circuit Court. — Eon. E. B. McKee, Judge. The evidence showed plaintiff had possession of the note —that it bought the note before maturity — without notice of any fraud or wrong, in the usual course of business; that it is a holder thereof in good faith for a valuable consideration. Upon the pleadings, issues and evidence, plaintiff was entitled to a judgment. Jennings v. Todd, 118 Mo. 296; Oorby, Executrix, v. Butler, 53 Mo. 398; Mayes et al. v. Robinson, 93 Mo. 114; Bennett et al. v. Torlina, 56 Mo. 309; Merrick et al. v. Phillips, 58 Mo. 436; Shirts v. Overjohn, 60 Mo.…
1Opinion of the CourtBland, P. J.
The suit is upon the following promissory no'te, to-wit:
“$140.00. “La Belle, Mo.,'May 31, 1897.
“On the first day of January, 1898, I promise to pay to The Climax Pence Machine Company or bearer one hundred and forty dollars, at Lewistown, Mo., Bank of-, value received with 8 per cent interest, after 30 days, from date, negotiable and payable without defalcation and discount.
“Geo. B. Lawson.
“J. W. Lawson.
“P. O. Lewistown; No. 2442; Due January 1, 1898.”
On the back of the note is the following indorsement: “Without recourse. Climax Eence Machine Oo. by J. W. Barber.”
Defendants’ evidence tended…
2Cases cited6 opinions
- First National Bank v. StanleyMissouri Court of Appeals · 1891
- New Albany Woolen Mills v. W. B. Meyers & Co.Missouri Court of Appeals · 1891
- First National Bank v. SkeenSupreme Court of Missouri · 1890
- Smith v. FerrySupreme Court of Missouri · 1878
- Edelen v. WorthMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Charles E. Henry Sons Co. v. EdwardAppellate Court of Illinois · 1901