Burns v. Kahn & Furst
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. James M. Sandusky, Judge. (1) There is a very serious question whether a. check is a “negotiable instrument” under the-statutes of Missouri. In Loewenstein v. Knopf , 2 Mo.
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Appeal from the Clinton Circuit Court. — Hon. James M. Sandusky, Judge. (1) There is a very serious question whether a. check is a “negotiable instrument” under the-statutes of Missouri. In Loewenstein v. Knopf , 2 Mo. App. 162, the St. Louis Court of Appeals says: “But no other instrument except a bill of exchange wanting the words ‘value received’ can be negotiable in Missouri, and this for the sufficient reason that no other instrument is by our statutes declared to be negotiable without this express feature.” Taylor v. Newman, 77 Mo. 263; Bank v. Bank, 10 Wall. 604; 19 Lawyers Co-op.…
1Opinion of the CourtEllison, J.
This was a suit instituted in the circuit court of Buchanan county, Missouri, by Calvin *217F. Burns against Kahn & Furst, and the Stern Auction & Commission Company on the following check:
“$1,000. Kansas City, Mo., October 10, 1888.
“Pay to the.order-of Kahn & Furst, one thousand dollars ($1,000).
“ Steen Auction & Commission Company.
“ By M. Steen, Secretary & Treasurer.
“No. 2489.
“ To Citizens’ National Banlc:
“ Indorsed,
“ Kahn & Fuest.
“Pay National Bank of Commerce or order, for collection on account of the National Bank of St/Joseph.
•“ Gteoeg-e C. Hull,
“Cashier.”
The answer admitted the execution…
2Cited by3 opinions
- Young v. Bank of PrincetonMissouri Court of Appeals · 1903
- Mudd v. Farmers' & Merchants' BankMissouri Court of Appeals · 1914
- Farmers' National Bank v. DreyfusMissouri Court of Appeals · 1900