Swope v. Leffingwell
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. "We claim most confidently that the record discloses clearly, that the first note discounted by the Atlas Bank, was the note of Bowen alone, and was not indorsed by Honoré; that there was no loan to Honoré in fact, form or intention ; and that neither the Atlas Bank nor Mr. Doane, its agent, had any notice that Honoré was under any personal liability to pay the Swope notes; and the bank did not, in fact, pay the Swope notes,, but…
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Appeal from St. Louis Court of Appeals. "We claim most confidently that the record discloses clearly, that the first note discounted by the Atlas Bank, was the note of Bowen alone, and was not indorsed by Honoré; that there was no loan to Honoré in fact, form or intention ; and that neither the Atlas Bank nor Mr. Doane, its agent, had any notice that Honoré was under any personal liability to pay the Swope notes; and the bank did not, in fact, pay the Swope notes,, but purchased them. To constitute payment something valuable must be delivered by the debtor to the creditor for the purpose of…
1Opinion of the CourtHenry, J.
On the 25th day of May, 1872, Logan 0. Swope was the owner of block 24 of Peter Lin dell’s second addition to the city of St. Louis, incumbered by a deed of trust, by which said block was conveyed to Leffingwell to secure three promissory notes executed by said Swope to Robert C. Gordon, in the aggregate for the sum of $35,-839.95. Each of said notes was dated December 26th, 1871; one for $12,586.65, payable December 26th, 1872, one for $11,946.65, payable■ December 26th, 1873, and the other for $11,336.65, payable December 26th, 1874. On said 25th day of May, 1872, Swope sold and conveyed…
2Cases cited1 opinion
- Heim v. VogelSupreme Court of Missouri · 1879
3Cited by23 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Binford v. AdamsIndiana Supreme Court · 1885
- Warford v. HankinsIndiana Supreme Court · 1898
- Vansandt v. HobbsMissouri Court of Appeals · 1900
- Allen v. DermottSupreme Court of Missouri · 1883
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