Frazier v. Gibson
Supreme Court of Missouri
Appeal from the Circuit Court of Franklin county. On the part of the appellants in this cause it is insisted, that the facts of the case bring them within the 3d section of the statute respecting bonds and notes, (Rev. Statutes of 1.835, page 104,) which provides “That thenatureof the de-fence of the obligor or maker of a note shall not be changed by the assignment, but he may make the same defence against the bond or note in the hands of the assignee that he might have made…
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Appeal from the Circuit Court of Franklin county. On the part of the appellants in this cause it is insisted, that the facts of the case bring them within the 3d section of the statute respecting bonds and notes, (Rev. Statutes of 1.835, page 104,) which provides “That thenatureof the de-fence of the obligor or maker of a note shall not be changed by the assignment, but he may make the same defence against the bond or note in the hands of the assignee that he might have made against the maker. 1st. That there was no exception taken by appellants at the trial below to the rejection of the…
1Opinion of the Court
Opinion of the Court by
Scott, Judge.
John Gibson sued Frazier and Delliner in a justice’s court on a note executed by them to Elias Gibson, and assigned to John Gibson. Á note executed by Elias Gibson to one Ja-meson,andby him transferred by delivery for a valuable consideration, to Frazier and Delliner, before the assignment of their note by Elias Gibson to John Gibson, was offered in evidence, and rejected by the court below.
The question is, whether the note was properly rejected? The statute concerning bonds and notes, sec. 4, says, the ob-ligor or maker shall be allowed every just set-off…
2Cases cited1 opinion
- Brashear v. WestSupreme Court of the United States · 1833
3Cited by5 opinions
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- Consolidated School District No. 1 v. HackmannSupreme Court of Missouri · 1924
- State v. SmithSupreme Court of Missouri · 1860
- Deimeke v. State Highway CommissionSupreme Court of Missouri · 1969
- State v. ClaiborneSupreme Court of Iowa · 1919