Lowrey v. Danforth
Missouri Court of Appeals
Appeal from Pike Circuit Court . — Hon. David M. Eby. Judge. (1) Plaintiff is not a purchaser for value before-maturity. The note does not contain the words “for value received” and is therefore a non-negotiable instrument.
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Appeal from Pike Circuit Court . — Hon. David M. Eby. Judge. (1) Plaintiff is not a purchaser for value before-maturity. The note does not contain the words “for value received” and is therefore a non-negotiable instrument. Sec. 457, R. S. 1899; Sec. 4488, R. S. 1899;. Austin v. Blue, 6 Mo. 265; Bailey v. Senock, 61 Mo. 218; Taylor v. Newman, 77 Mo. 263; Cutter v. Cook,. 77 Mo. 388. Even if plaintiff were a holder for value, the note being non-negotiable would still be subject, to all the defenses and equities which could be urged in a suit brought by the original payee. Tiedman on Commercial…
1Opinion of the CourtBarclay, J.
This is an action upon a promissory note in the following terms:
“4,000.00 “ Paynes ville, Mo., Sept. 12; 1898.
“On or before September 12, 1899, I promise to pay to Henry T. Lowrey or order, four thousand dollars, with interest from date at the rate of seven per ■cent per annum.
“S. T. Danforth:.”
The indorsements on the note are admitted to be .genuine. They are as follows:
“Pay to the order of Mrs. H. T. Lowrey.
“Henry T. Lowrey.”
“April 20 credited by cash two thousand dollars
<$2,000.00).
(Signed) “H. T. Lowrey.”
*445Tlie plaintiff is the Mrs. H. T. Lowrey mentioned in one of the foregoing…
2Cases cited7 opinions
- Wolford v. PowersIndiana Supreme Court · 1882
- Green v. ColeSupreme Court of Missouri · 1890
- Spears v. BondSupreme Court of Missouri · 1883
- Famous Shoe & Clothing Co. v. CrosswhiteSupreme Court of Missouri · 1894
- Jones v. PerkinsMississippi Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
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- Scarritt Estate Co. v. J. F. Schmelzer & Sons Arms Co.Missouri Court of Appeals · 1905
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