Newburg State Bank v. Heflin
Missouri Court of Appeals
Appeal from Phelps County Circuit Court . — Fon. L. B. Woodside, Judge.. (1) Appellant was the holder in due course; a purchaser of the note for value and before maturity, and without knowledge of fraud on the part of the original payee in procuring the note.
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Appeal from Phelps County Circuit Court . — Fon. L. B. Woodside, Judge.. (1) Appellant was the holder in due course; a purchaser of the note for value and before maturity, and without knowledge of fraud on the part of the original payee in procuring the note. Sec. 10022, R. S. 1909. (2) To constitute notice of an infirmity in the instrument, or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith. Sec.…
1Opinion of the CourtSturgis, J.
Plaintiff appeals from an adverse judgment in its suit on a promissory note given by the defendant in payment of the first premium on a policy of life insurance issued to him by the Kansas City Life Insurance Company. The note was filed for suit in a justice court and there are no pleadings. The note sued on is for $28.63, payable “to the order of J. R. Harris, for Kansas City Life Insurance Company,” and is endorsed “without recourse, J. R. Harris.”
The defendant testified that said Harris, as agent for the insurance company, represented and agreed that his company would issue and deliver to…
2Cases cited3 opinions
- Hill v. DillonMissouri Court of Appeals · 1913
- Ungerer & Co. v. Louis Maull Cheese & Fish Co.Missouri Court of Appeals · 1911
- Watson Fireproof Window Co. v. Henry Weiss Cornice Co.Missouri Court of Appeals · 1914