Boatmen's Saving Bank v. McMenamy
Missouri Court of Appeals
Appeal from the 8b. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The court should not have struck out the second defense in the answer. Every defense available against Bowman is good against the bank. The note of a married woman, with or without separate property, is not commercial paper.
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Appeal from the 8b. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The court should not have struck out the second defense in the answer. Every defense available against Bowman is good against the bank. The note of a married woman, with or without separate property, is not commercial paper. Linderman r>. Earquharson, 101 N. Y. 434; Loomis v. Ruck, 56 N. Y. 462. An instrument to be negotiable must be given upon the credit of the maker’s hand, “not confined to credit upon, any thing or fund.” Story Prom. Notes, [12 Ed.] p. 36, sec. 25 ; Edwards’ Bills and Notes, [3 Ed.] p. 124, sec.…
1Opinion of the CourtRombauer, P. J.
On June 1, 1885, Ann Jones, the defendant’s decedent, being possessed of certain real estate in St. Louis, made and delivered conjointly with her husband, John Jones, to one Prank J. Bowman, the following promissory note:
“$1000.00. St. Lours, Mo., June 1, 1885.
“Six months after date, we promise to pay to the order of Prank J. Bowman, one thousand dollars at Boatmens’ Savings Bank, St. Louis, Mo., value received, with interest from date at the rate of six per cent, per annum. John Jones,
“ With intent to charge my separate estate.
“Ann Jones.”
*201This note was transferred to plaintiffs, for value…
2Cases cited20 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Lancaster v. Washington Life InsuranceSupreme Court of Missouri · 1876
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Davis v. SmithSupreme Court of Missouri · 1881
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
- Baer v. PfaffMissouri Court of Appeals · 1891
- Brumback v. WeinsteinMissouri Court of Appeals · 1889
- Lee v. CohickMissouri Court of Appeals · 1890
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