Bobinson v. Powers
Missouri Court of Appeals
Appeal from the JDe Kalb Circuit Court. — Hon. W. S. Herndon, Judge. Mayhugh was either a partner or an agent of the plaintiffs in procuring said note. There is no pretense that plaintiffs received said note bona fide before maturity and for value. They stand exactly where Mayhugh would have stood if he had brought suit on the note; he could not have recovered, neither can plaintiffs. Johnson v. McMurry, 72 Mo. 282; Banh v. Stanley, 46 Mo. App. 448; Carson v. Porter, 22 Mo.
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Appeal from the JDe Kalb Circuit Court. — Hon. W. S. Herndon, Judge. Mayhugh was either a partner or an agent of the plaintiffs in procuring said note. There is no pretense that plaintiffs received said note bona fide before maturity and for value. They stand exactly where Mayhugh would have stood if he had brought suit on the note; he could not have recovered, neither can plaintiffs. Johnson v. McMurry, 72 Mo. 282; Banh v. Stanley, 46 Mo. App. 448; Carson v. Porter, 22 Mo. App. 184. (1) Appellant says there was a verbal agreement between him and the agent of the insurance company that he…
1Opinion of the CourtSmith, P. J.
This is a suit on a negotiable promissory note by the plaintiffs’ indorsees, against the defendant maker. The answer denied the indorsement of the payee to the plaintiffs and further alleged fraud and total failure of consideration. There was no testimony whatever adduced by the plaintiffs, tending to prove the indorsement of the note to them. The plaintiffs’ title to the note and the genuineness of the indorsement were sufficiently put in issue by the answer.
It was incumbent upon the plaintiffs to show a prima facie title to the note, without which they could *292not recover. Bank v. Pennington,…
2Cases cited5 opinions
- Worrell v. RobertsMissouri Court of Appeals · 1894
- National Bank of Commerce v. PenningtonMissouri Court of Appeals · 1890
- Cavitt v. TharpMissouri Court of Appeals · 1888
- Reinhard v. Dorsey Coal Co.Missouri Court of Appeals · 1887
- Sturdevant v. RehardSupreme Court of Missouri · 1875
3Cited by1 opinion
- Dunlap v. KellyMissouri Court of Appeals · 1904