Gullett v. Hoy & Orton
Supreme Court of Missouri
APPEAL from Livingston Circuit Court. The note sued on is a negotiable note, and the defendants cannot set off against the action the debt which the payee, Franklin, may have owed them at the time oi the assignment: Maupin & Jamison vs. Smth, 7 Mo. Rep., 402-3; 10 Earn & Cress. 138; Burroughs vs Moss, 4 Mo.
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APPEAL from Livingston Circuit Court. The note sued on is a negotiable note, and the defendants cannot set off against the action the debt which the payee, Franklin, may have owed them at the time oi the assignment: Maupin & Jamison vs. Smth, 7 Mo. Rep., 402-3; 10 Earn & Cress. 138; Burroughs vs Moss, 4 Mo. Rep., 452; Collh^ ' vs. Waddle, Chitty on Bills, 126-7-8-9 130; 2 Barr’s Penn, S^p. 103; Hughes vs. Large, 3d Maul. & Selio., 95; Bailey on Bills, 5th ed., 156-7-8. 1. This is a negotiable promissory note, payable withput discount or defalcation, but transferred to the plaintiff when over…
1Opinion of the CourtGamble, J.
(gullett, as the endorser of ft negotiable promissory note, sued Hey & Orton, the makers. The endorsement to ^Gullett w$s tnadNby jEe payee after the maturity of the note. The defendants, in theft rely upon an off-set due to them from the payee of the note before his endorsement of it to Gullett. The plaintiff demurred to the answer *400claiming the set-off, and the circuit court overruled the demurrer. As the off-set claimed exceeded the amount of the note, judgment was rendered for the defendants.
The note in this case being negotiable, the statute which fixes the rights and liabilities of…
2Cited by13 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Davis v. NelighNebraska Supreme Court · 1878
- Knaus v. GivensSupreme Court of Missouri · 1892
- Cutler v. CookSupreme Court of Missouri · 1883
- Arnot v. WoodburnSupreme Court of Missouri · 1864
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