Legal Opinion

Vennum v. Mertens

Missouri Court of Appeals

Decided May 8, 1906PublishedCited by 8 opinions

Appeal from Jefferson Oircnit Court. — Hon. Joseph J. Williams, Judge. (1) The testimony shows conclusively that the note on which judgment Avas rendered in the State of Illinois was a Missouri contract, and that the power of attorney authorizing any attorney of record to appear in court and confess judgment without process, in favor of the holder, rendered said note non-negotiable in the State of Missouri where the same was negotiated, and hence the Illinois court rendering…

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Appeal from Jefferson Oircnit Court. — Hon. Joseph J. Williams, Judge. (1) The testimony shows conclusively that the note on which judgment Avas rendered in the State of Illinois was a Missouri contract, and that the power of attorney authorizing any attorney of record to appear in court and confess judgment without process, in favor of the holder, rendered said note non-negotiable in the State of Missouri where the same was negotiated, and hence the Illinois court rendering the judgment on which this suit is brought, acted without jurisdiction. National Exchange Bank v. Wiley, 49 Law Ed. U.…

1Opinion of the CourtBland, P. J.

The suit is on a judgment rendered by the circuit court of Ford county, in the State of Illinois, at the April term, 1905, of said court. The suit on which the judgment was rendered was to recover the sum due on the following promissory note, which was duly indorsed by the payee and delivered to plaintiff on the day of its date, to-wit:

“1750.00. Bloomington, 111., March 27, 1904.
“Sixty days after date, for value received, I promise to pay to the order of The William R. White Company, seven hundred fifty dollars, at the McLean County Bank Bloomington, 111., with interest at seven per cent per…

2Cases cited10 opinions

  1. Crim v. CrimSupreme Court of Missouri · 1901
  2. Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
  3. Smoot v. JuddSupreme Court of Missouri · 1901
  4. Roche v. BeldamIllinois Supreme Court · 1887
  5. Davis v. TandyMissouri Court of Appeals · 1904

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3Cited by8 opinions

  1. W. H. Barber Co. v. HughesIndiana Supreme Court · 1945
  2. Egley v. T. B. Bennett & Co.Indiana Supreme Court · 1924
  3. In Re Estate of Cook v. BrownSupreme Court of Missouri · 1940
  4. Estate of De Gheest v. Estate of De GheestSupreme Court of Missouri · 1951
  5. J. I. Case Threshing Machine Co. v. TomlinMissouri Court of Appeals · 1913

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