Billings v. Atchison
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. STATEMENT OP THE CASE. This was a suit by petition under the new code of practice, upon a note, in the words and figures following, io-wit: «$026 0° St.. Louis, Sept. 28th, 1850. lhree months after date I promise fo pay Messrs. McAlister & Co., or order for value re ceived, six hundred and twenty-six dollars, at-the- Bank of the State of Missouri.
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ERROR to St. Louis Court of Common Pleas. STATEMENT OP THE CASE. This was a suit by petition under the new code of practice, upon a note, in the words and figures following, io-wit: «$026 0° St.. Louis, Sept. 28th, 1850. lhree months after date I promise fo pay Messrs. McAlister & Co., or order for value re ceived, six hundred and twenty-six dollars, at-the- Bank of the State of Missouri. Lpon which note ¡he following endorsement in blank, until, the trial, when they were filled up. “Par to the order of A. E. McNair, agt., McAlister & Co. Pay Messrs Haskell & Co,, or order A.Jft. McNair,…
1Opinion of the CourtScott, J.
The evidence in the cause disproved the plaintiff’s petition. It showed that the note was not assigned to McNair, but to the Knox Insurance Company. If the cancellation of the assignment, in full, to the Knox Insurance Company was made under circumstances which would not destroy its right of action, the suit might have been brought in its name, as the trustee of an express trust. See Duty’s adm’r. vs. Dutcher, decided at this term. If the holders of the note found it necessary to bring suit in their own name, all the circumstances should have been *71stated, as in a bill in equity, showing their…
2Cases cited1 opinion
- Davis v. ChristySupreme Court of Missouri · 1844