Mayer v. Old
Missouri Court of Appeals
Appeal from the Boone Circuit Coivrt. — Hon. John A. Hockaday, Judge. (1) The court erred in making the declaration of law asked by the respondent. The note sued on is “negotiable,77 and its possession and production in testimony, with the indorsement of the payee thereon, constituted prima facie evidence of ownership. Bank v. Wright, 53 Mo. 153; Bubleman v. McNichol, 13 Mo. App. 584. “Also, prima facie evidence that it was acquired in good faith.77 Grella v. Boxen, 7 Mo.
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Appeal from the Boone Circuit Coivrt. — Hon. John A. Hockaday, Judge. (1) The court erred in making the declaration of law asked by the respondent. The note sued on is “negotiable,77 and its possession and production in testimony, with the indorsement of the payee thereon, constituted prima facie evidence of ownership. Bank v. Wright, 53 Mo. 153; Bubleman v. McNichol, 13 Mo. App. 584. “Also, prima facie evidence that it was acquired in good faith.77 Grella v. Boxen, 7 Mo. App. 97. “This made a prima facie case of a right of recovery, which could be overcome only by evidence to the contrary.77…
1Opinion of the CourtGill, J.
This action is based on a negotiable promissory note purporting to have been executed by one Rucker and defendant Old, payable to the order of Sturgeon Lodge A. F. & A. M., and by two separate indorsements alleged to have been assigned to the plaintiff. The answer admits the execution of the note, but denies the alleged indorsements or that plaintiff is the owner of the note.
The cause was tried before the court* without a jury. The plaintiff to sustain the issues on his part read in evidence the note only, but did not submit any evidence as to any indorsements, and then rested. The defendant…
2Cases cited6 opinions
- Lawrence v. ShreveSupreme Court of Missouri · 1858
- Templeton v. WolfSupreme Court of Missouri · 1853
- National Bank of Commerce v. PenningtonMissouri Court of Appeals · 1890
- Reinhard v. Dorsey Coal Co.Missouri Court of Appeals · 1887
- Wilson & Co. v. StarkMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Chicago, M. & St. P. Ry. Co. v. MetalstaffCourt of Appeals for the Eighth Circuit · 1900
- Lawyers' Co-Operative Publishing Co. v. GordonSupreme Court of Missouri · 1903
- Dunlap v. KellyMissouri Court of Appeals · 1904
- Connecticut Fire Ins. v. ManningCourt of Appeals for the Eighth Circuit · 1910
2 more not listed; retrieve them via the Exa API.