Jordan v. Harrison
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The court should have ascertained the balance due Harrison & Platt on' their $525 Kirk note; and allowed Ackerman to redeem the Kennedy note upon the payment of the amount so found due. Ins. Co. v. TwnstaTl, 72 Ala. 142; Johnson Co. v. Bryson, 27 Mo. App. 349; Williams x. Ingersoll, 89 N. Y. 508; Hutchins v. Simon, 57 Miss. 628 ; Newby x. Hill, 2 Mete. (Ky.) 530 ; Van Blarcom x.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The court should have ascertained the balance due Harrison & Platt on' their $525 Kirk note; and allowed Ackerman to redeem the Kennedy note upon the payment of the amount so found due. Ins. Co. v. TwnstaTl, 72 Ala. 142; Johnson Co. v. Bryson, 27 Mo. App. 349; Williams x. Ingersoll, 89 N. Y. 508; Hutchins v. Simon, 57 Miss. 628 ; Newby x. Hill, 2 Mete. (Ky.) 530 ; Van Blarcom x. Bank, 37 N. Y. 540; Railroad x. Iron Co., 50 N. H. 57. (2) The Kennedy note was deposited by Kirk with Harrison & Platt as collateral security for…
1Opinion of the CourtSmith, P. J.
The facts disclosed by the record in the case are, that Kirk borrowed of Harrison & Platt $500, and deposited with them certain collateral securities, among others a note for $700 of Kennedy’s, which was.secured by a deed of trust on certain real property, but which deed was not delivered to Harrison & Platt at the time the collateral was left with them. After-wards and before the maturity of the Kennedy note, Kirk forged a duplicate copy of it, which he sold and indorsed to Ackerman as the genuine note for its face value, turning-over the deed of trust to him'at the same time. Kennedy, who…
2Cases cited6 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Bank of Commerce v. BogySupreme Court of Missouri · 1869
- Ford v. AngelrodtSupreme Court of Missouri · 1865
- Nelson v. EdwardsNew York Supreme Court · 1863
- Dietz v. FarishThe Superior Court of New York City · 1877
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3Cited by3 opinions
- State v. GlennSupreme Court of Missouri · 1968
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Wehrs v. SullivanSupreme Court of Missouri · 1909