Moody, Michel & Co. v. Mack
Supreme Court of Missouri
Appeal from, Third District Court. I. The petition is insufficient; it makes no demand for relief. (Gen. Stat. 1865, p. 658, § 3.) EL It is necessary to prove notice in order to fix the indorser. There was no waiver of notice here. HI. The fact of the bill having been stolen being established by the testimony, the onus was on the plaintiffs to show what consideration they gave for it, and that they took it in good faith in the ordinary course of business.
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Appeal from, Third District Court. I. The petition is insufficient; it makes no demand for relief. (Gen. Stat. 1865, p. 658, § 3.) EL It is necessary to prove notice in order to fix the indorser. There was no waiver of notice here. HI. The fact of the bill having been stolen being established by the testimony, the onus was on the plaintiffs to show what consideration they gave for it, and that they took it in good faith in the ordinary course of business. (Devlin v. Clark, 31 Mo. 22 ; Goodfellow v. Landis, 36 Mo. 168 ; 2 Greenl. Ev. § 172 ; Mun-roe v. Cooper, 5 Pick. 412 ; Heath v. Sansom, 2…
1Opinion of the CourtBliss, Judge
Defendant was sued in the Greene County Court of Common Pleas, and venue changed to Circuit Court, upon a check dated April 17, 1863, drawn on the State Bank at St. Louis, by the State Treasurer, for ¡$87.50, to the order of defendant, and indorsed by him. The petition avers the indorsement of the check or bill to plaintiffs, its non-acceptance, and notice to defendant; also that defendant, after indorsing the bill, procured a duplicate bill, indorsed it to Gorton, Abbott & Co., who drew the money before the presentation of the bill sued on.
Defendant ignores the presentation of the check and…
2Cases cited3 opinions
- Morrison v. McCartneySupreme Court of Missouri · 1860
- Linville v. WelchSupreme Court of Missouri · 1859
- Adams v. DarbySupreme Court of Missouri · 1859
3Cited by5 opinions
- Steele v. VandersliceArizona Supreme Court · 1961
- Aebi v. Bank of EvansvilleWisconsin Supreme Court · 1905
- Second Nat. Bank of Toledo v. M. Samuel & Sons, Inc.Court of Appeals for the Second Circuit · 1926
- Light v. KingsburySupreme Court of Missouri · 1872
- State ex rel. Frank v. GobenMissouri Court of Appeals · 1912