Legal Opinion

Chandler v. Calvert

Missouri Court of Appeals

Decided March 4, 1901PublishedCited by 3 opinions

Appeal from Jackson Circuit Court. — Hon. J. II. Slover, Judge. (1) The note sued on is negotiable. It was executed at Kansas City, Missouri, and was payable at Kansas City, Missouri. Christian Co. Bank y. Goode, 44 Mo. App. 129; Bradley v. Bill, 4 Biss, 473 Eed. Gas. No. 1,783; 1 Daniels Neg. Int., sec. 54. (2) The deed to Chandler in express terms states that “This deed is made subject to all incumbrances of record.”

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Appeal from Jackson Circuit Court. — Hon. J. II. Slover, Judge. (1) The note sued on is negotiable. It was executed at Kansas City, Missouri, and was payable at Kansas City, Missouri. Christian Co. Bank y. Goode, 44 Mo. App. 129; Bradley v. Bill, 4 Biss, 473 Eed. Gas. No. 1,783; 1 Daniels Neg. Int., sec. 54. (2) The deed to Chandler in express terms states that “This deed is made subject to all incumbrances of record.” Therefore it could not have been in satisfaction of the deed of trust securing the $400 note, which was an “incumbrance of record.” The grantee in a deed “subject to an…

1Opinion of the CourtEllison, J.

This is an action on a note made and dated at Kansas City, Missouri, for $100 due three years from date with 8 per cent interest, “principal and interest payable in New York exchange,” at the “National Bank of Kansas City, Kansas City, Missouri.” It was given by defendant to *371Thomas J. Green and by the latter indorsed to plaintiff for value before maturity and without notice of any defense. The plaintiff contends that it is a negotiable promissory note, and the defendant contends that the words therein: “principal and interest payable in New York exchange,” .render it nonnegotiable. The trial…

2Cases cited18 opinions

  1. People's Savings Bank v. BatesSupreme Court of the United States · 1887
  2. Chouteau v. AllenSupreme Court of Missouri · 1879
  3. First National Bank v. GaySupreme Court of Missouri · 1876
  4. First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
  5. Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893

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3Cited by3 opinions

  1. State Bank v. Citizens' National BankMissouri Court of Appeals · 1905
  2. Haslach v. WolfNebraska Supreme Court · 1902
  3. Buck v. HarrisMissouri Court of Appeals · 1907

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