Pouder v. Colvin
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. 0. A. Lucas, Judge. (1) Is tbe attempted release by Howard invalid, .if be was not tbe .owner, of tbe note, and was not an-thorized by the owner thereof to make the release? Investment Co. v. Yette, 142 Mo. 574; Joerdens v. Schrimpf, 77 Mo. 382; Brown v. Koffler, 133 Mo. App. 501; Bank v. Life Ins.
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Appeal from Jackson Circuit Court. — Hon. 0. A. Lucas, Judge. (1) Is tbe attempted release by Howard invalid, .if be was not tbe .owner, of tbe note, and was not an-thorized by the owner thereof to make the release? Investment Co. v. Yette, 142 Mo. 574; Joerdens v. Schrimpf, 77 Mo. 382; Brown v. Koffler, 133 Mo. App. 501; Bank v. Life Ins. Co., 145 Mo. 142. (2) ' Was the circuit court justified in granting a new trial to respondent? Sec. 2514, R. S. 1909; State ex rel. v. Wood, 155 Mo. 447; Schuester v. Meyers, 148 Mo. 429; Creer v. Bank, 128 Mo. 559; Whittiker v. Cas Co., 16 W. Ya. 717;…
1Opinion of the Court
TRIMBLE; J.
Injunction to prevent a foreclosure by defendant who claims to be the owner and holder of the note described in and secured by a deed of trust. The court found for defendant and dismissed the bill, but granted a new trial. From this order defendant appealed.
The deed of trust in question was executed June 10th, recorded June 22, 1903, and was given to secure a note of even, date therewith for $2000, due five years after date with interest coupons attached. The whole trouble between the parties to this suit grows out of the fraudulent conduct of the beneficiary, Arthur M. Howell. He…
2Cases cited4 opinions
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- Ripley National Bank v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Brown v. KofflerMissouri Court of Appeals · 1908
3Cited by4 opinions
- Cole v. LloydSupreme Court of Kansas · 1946
- Quinn v. McCallumMissouri Court of Appeals · 1914
- Stratton v. Cole and StrattonMissouri Court of Appeals · 1919
- Lustenberger v. SarkesianSupreme Court of Missouri · 1938