Market & Fulton National Bank v. Estate of Ettenson
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. William D. Rush, Judge. (1) The original debt being unpaid and there being no defense to the claim, the plaintiff should have judgment. Winsted Bank v. Webb, 39 N. Y. 325; Ger-wig v. Sitterly, 56 N. Y. 215; Russell v. Nelson, 99 N. Y. 119. (2) Even if a recovery could not be had on thé note in this proceeding, the court will give judgment according to the facts, and to avoid circuity.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. William D. Rush, Judge. (1) The original debt being unpaid and there being no defense to the claim, the plaintiff should have judgment. Winsted Bank v. Webb, 39 N. Y. 325; Ger-wig v. Sitterly, 56 N. Y. 215; Russell v. Nelson, 99 N. Y. 119. (2) Even if a recovery could not be had on thé note in this proceeding, the court will give judgment according to the facts, and to avoid circuity. Moore v. Cross, 19 N. Y. 227. (1) By the law merchant a note made payable to the maker’s order was a nullity, until negotiated by the indorsement of the maker. Lowrie…
1Opinion of the CourtJohnson, J.
This action originated in the probate court of Clay county on three promissory notes of $1000, $1500, and $2000 respectively, presented by plaintiff for allowance against the estate of Henry Ettenson who died at this home in Clay county on the morning of October 19, 1909. An appeal was allowed to the circuit court from the judgment rendered in *406the probate court and. the action afterward was sent to Buchanan county on change of venue. Defendant paid the first mentioned note before trial. A jury was waived and the cause was submitted on an agreed statement of facts, with the right reserved by…
2Cases cited5 opinions
- Ryhiner v. FeickertIllinois Supreme Court · 1879
- Pickering v. CordingIndiana Supreme Court · 1883
- Allen v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1903
- Smalley v. WightSupreme Judicial Court of Maine · 1857
- Lowrie v. ZunkelMissouri Court of Appeals · 1892
3Cited by3 opinions
- In Re SchindlerDistrict Court, E.D. Missouri · 1963
- First National Bank v. DanielSupreme Court of Kansas · 1933
- People's State Bank v. SnyderNorth Dakota Supreme Court · 1923