Hume v. Eagon
Missouri Court of Appeals
Appeal from the Clarlc Circuit Court. — Hon. Hdwin B. McKee, Judge. (1) There was no consideration moving from the plaintiff Hume, to John B. Sawyer, to support the second mortgage given to secure the note assigned by the bank. The note was given payable in one day from date and was long past due. There was no extension of time given for the payment of the same.
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Appeal from the Clarlc Circuit Court. — Hon. Hdwin B. McKee, Judge. (1) There was no consideration moving from the plaintiff Hume, to John B. Sawyer, to support the second mortgage given to secure the note assigned by the bank. The note was given payable in one day from date and was long past due. There was no extension of time given for the payment of the same. There is no evidence of any benefit or advantage moving from Hume to the mortgagor, Sawyer, or from any third person. There is no evidence that Hume parted with anything of value for the execution thereof. There is no evidence that…
1Opinion of the CourtBland, P. J.
John B. Sawyer was a retail dealer in boots, shoes, glass, queensware and woodenware in the city of Kahoka, Missouri, on and for some time prior to January 20, 1896. On March 12, 1895, Sawyer, to secure to the Kahoka Savings Bank (a corporation organized under the laws of Missouri), signed, acknowledged and delivered a chattel mortgage on his stock in trade to said bank to secure a note which he had made to the bank for $750; this mortgage was not then put on record, but held by the bank until January 20, 1896, when the note for a valid consideration, was endorsed by George Bostic, the…
2Cases cited5 opinions
- Calumet Paper Co. v. Haskell Show Printing Co.Supreme Court of Missouri · 1898
- Marks v. Bank of MissouriSupreme Court of Missouri · 1843
- Columbia Incandescent Lamp Co. v. American Electrical Manufacturing Co.Missouri Court of Appeals · 1895
- Hume v. EagonMissouri Court of Appeals · 1898
- Crecelius v. BiermanMissouri Court of Appeals · 1896
3Cited by6 opinions
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
- Sikes v. ChaneyMissouri Court of Appeals · 1927
- Bank of Kirksville v. SloopMissouri Court of Appeals · 1917
- Taylor v. FuquaMissouri Court of Appeals · 1920
- Cowles v. WellsMissouri Court of Appeals · 1928
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