Carter v. Butler
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The petition does not state a cause of action in omitting to state facts to show that plaintiff is the holder of the note. The petition avers the title to the note to be in the Bank of Commerce by regular indorsement. Spears v. Bond, 79 Mo. 467; R. S. 1909, sec. 10004. This point is never waived.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The petition does not state a cause of action in omitting to state facts to show that plaintiff is the holder of the note. The petition avers the title to the note to be in the Bank of Commerce by regular indorsement. Spears v. Bond, 79 Mo. 467; R. S. 1909, sec. 10004. This point is never waived. Lilly v. Menke, 126 Mo. 190. (2) The evidence of plaintiff shows that the title to the note is in the National Bank of Commerce by regular indorsement, which, under the Negotiable Instruments Law, makes this plaintiff an…
1Opinion of the Court
BROWN, C.
Petition filed November 9, 1909, in the circuit court for the city of St. Louis. The plaintiff sues as trustee of The Gila Farm Company, Oliver J. Westlake and Charles J. Laughlin, upon a promissory note signed by Edward Butler and Thomas Ward McManus, dated May 1,1907, payable to said Westlake and Laughlin or order on or before May 1, 1908, for $25,000, with interest from date at the rate of five per cent per annum, on which $1500 had been paid and indorsed July 31, 1907. The petition states that “on the *31515th day of June, 1908, the said Oliver J. Westlake and Chas. P. Laughlin entered…
2Cases cited13 opinions
- Dugan v. United StatesSupreme Court of the United States · 1818
- East St. Louis Ice & Cold Storage Co. v. Herman H.Supreme Court of Missouri · 1911
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- Ex parte ThomasonNebraska Supreme Court · 1884
- Beattie v. LettSupreme Court of Missouri · 1859
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