Bank of Ozark v. Hanks
Missouri Court of Appeals
Appeal from Webster Circuit Court. — Son. Argus Cox, Judge. (1) The court erred in refusing plaintiff peremptory instruction, for the reason that the testimony of the officials of the plaintiff bank that it had no notice of any infirmity of title, or of fraud in the procurement of the notes sued on, but purchased them for value, before maturity, in good faith, was not rebutted by any evidence on the part of defendant fixing such notice on the part of appellant bank.
Read the full summary
Appeal from Webster Circuit Court. — Son. Argus Cox, Judge. (1) The court erred in refusing plaintiff peremptory instruction, for the reason that the testimony of the officials of the plaintiff bank that it had no notice of any infirmity of title, or of fraud in the procurement of the notes sued on, but purchased them for value, before maturity, in good faith, was not rebutted by any evidence on the part of defendant fixing such notice on the part of appellant bank. Laws of Missouri, 1905, 250; Kuch v. Cornett, 79 Mo. App. 577; Poindexter v. McDowell, 110 Mb. App. 233. (2) The court erred in…
1Opinion of the CourtNixon, P. J.
(after stating tbe facts.) — I. The jury was undoubtedly justified in finding that tbe notes were conceived and brought forth in fraud, and that Lowtborp and company were an organized gang of professional swindlers, traversing tbe country to entrap tbe unwary by a fraudulent sasblock scheme and by specious and fraudulent representations, obtaining promissory notes for tbe purpose of negotiating them, and then moving on to other counties to reap another harvest from the unsuspecting people.
Our Negotiable Instruments Act (Session Laws, 1905, p. 213) provides: “Sec. 59. Every bolder is deemed…
2Cases cited8 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Twentieth Century Co. v. QuillingWisconsin Supreme Court · 1907
- State ex rel. Jones v. JonesSupreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hill v. DillonMissouri Court of Appeals · 1913
- Fifth-Third National Bank v. McCroryMissouri Court of Appeals · 1915
- Johnson County Savings Bank v. MillsMissouri Court of Appeals · 1910
- Miller v. Peoples Saving BankMissouri Court of Appeals · 1916
- Bank of Ozark v. TuttleMissouri Court of Appeals · 1910