Hawes v. Mulholland
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. E. P. Gates, Judge. (1) The petition alleges that the instrument sued on was indorsed by the payee “and transferred to this plaintiff,” and that the plaintiff is now “the owner and holder” thereof. There is no allegation that the payee or then holder transferred the same to the plaintiff, nor is it stated by whom such transfer was made.
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Appeal from the Jachson Circuit Court. — Hon. E. P. Gates, Judge. (1) The petition alleges that the instrument sued on was indorsed by the payee “and transferred to this plaintiff,” and that the plaintiff is now “the owner and holder” thereof. There is no allegation that the payee or then holder transferred the same to the plaintiff, nor is it stated by whom such transfer was made. The general allegation of ownership is a mere conclusion, and of no efficacy unless the facts stated show, a title from some one authorized to make the same. "White v. Brown, 14 How. Pr. 282, 286; Bank v. Donnell,…
1Opinion of the CourtGill, J.
This is a suit on a note or bond for $500 executed by defendant and payable in terms to the Patrick Land Company of Omaha, Nebraska. On the back of the note appears the blank indorsement of said payee, as also the written assignment and guarantee of the Vermont Investment Company made to the plaintiff; and the latter sues *496to recover on the ground that he is the owner of the note by virtue of said indorsement and assignment before maturity. In his answer, defendant admits the execution of the instrument, but denies the other allegations of the petition and sets up want of consideration in…
2Cases cited5 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Wolff v. CampbellSupreme Court of Missouri · 1892
- First National Bank v. StanleyMissouri Court of Appeals · 1891
- Mechanics' Bank v. DonnellSupreme Court of Missouri · 1865
3Cited by2 opinions
- Lawson v. Estate of SlaybaughMissouri Court of Appeals · 1981
- Trimble v. EdwardsMissouri Court of Appeals · 1926