Kelly v. Staed
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Spear purchased the Wellington note after its maturity and with notice of its dishonor, hence he took it subject to all equities. Tiedeman on Commercial Paper, secs. 295-305; Kellogg v. Schnaahe, 56 Mo. 136; Chappel v. Allen, 38 Mo. 213; Livermore v. Blood, 40 Mo. 48; Brownlee v. Arnold, 60 Mo. 79; Turner v. Hoyle, 95 Mo. 337, and authorities there cited.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Spear purchased the Wellington note after its maturity and with notice of its dishonor, hence he took it subject to all equities. Tiedeman on Commercial Paper, secs. 295-305; Kellogg v. Schnaahe, 56 Mo. 136; Chappel v. Allen, 38 Mo. 213; Livermore v. Blood, 40 Mo. 48; Brownlee v. Arnold, 60 Mo. 79; Turner v. Hoyle, 95 Mo. 337, and authorities there cited. (2) No consideration passed from Florida to Mrs. Wellington for the execution of the note, therefore it could not have been enforced by Florida against her, nor…
1Opinion of the CourtBukgess, J.
This action was begun in the circuit ■ court of the city of St. Louis to enjoin the defendant, who was then sheriff of said city, from selling, under a deed of trust, certain real estate in that city.
On the twenty-second day of April, 1891, one Alonzo K. Florida, was the owner in fee of the real estate in question. On that day he conveyed it by general warranty deed to Josephine L. Wellington, of said city for a stated consideration, but which in fact, was never paid. On the same day Josephine L. Wellington executed and delivered to said Florida her promissory note for $3,000, due one year…
2Cases cited16 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- State Bank v. FrameSupreme Court of Missouri · 1892
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Chappell v. AllenSupreme Court of Missouri · 1866
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Bishop v. ChaseSupreme Court of Missouri · 1900
- Gerardi v. ChristieMissouri Court of Appeals · 1910
- Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920
- Union Trust & Savings Bank v. City of SedaliaSupreme Court of Missouri · 1923
6 more not listed; retrieve them via the Exa API.