Hunleth v. Leahy
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The rule or principle applicable to a negotiable promissory note acquired after maturity, viz., that the indorsee takes it subject only to such equities as ai’e connected with its inception, has no application in this case. The plaintiff received the note after maturity; it had then been paid and extinguished, and was dead paper as to the defendants.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The rule or principle applicable to a negotiable promissory note acquired after maturity, viz., that the indorsee takes it subject only to such equities as ai’e connected with its inception, has no application in this case. The plaintiff received the note after maturity; it had then been paid and extinguished, and was dead paper as to the defendants. Henner, from whom he acquired it, could reissue it only as against himself, or the firm which had paid for it. The plaintiff secured no better title than Henner then had, as…
1Opinion of the CourtGantt, P. J.
This is an action oh a negotiable promissory note, executed and delivered by the defendants, David P. Leahy and Charles Padersky, to Mrs. Anna Davis and secured by a deed of trust on certain real estate known as the Ramona Park Place tract, duly recorded. It was indorsed by • Mrs. Davis and became the property of Alonzo E. Davis and was by him indorsed to George E. Henner, and by George E. Henner it was hypothecated with the Union Trust Company before its maturity for $4,200. Not having been paid at maturity the Union Trust Company caused it to be protested for non-payment. Subsequent to the…
2Cases cited5 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Loewen v. ForseeSupreme Court of Missouri · 1897
- State ex rel. Yeoman v. HoshawSupreme Court of Missouri · 1889
- Miller v. Municipal Electric Lighting & Power Co.Supreme Court of Missouri · 1896
- Collins v. WaddleSupreme Court of Missouri · 1836
3Cited by11 opinions
- Magidson v. SternMissouri Court of Appeals · 1941
- Reed v. ColpSupreme Court of Missouri · 1908
- MANUFACTURERS'FINANCE CORPORATION v. Vye-Neill Co.Court of Appeals for the First Circuit · 1933
- Bishop v. ChaseSupreme Court of Missouri · 1900
- Forck v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1933
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