Bishop v. Chase
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) One who takes a negotiable note payable to order without indorsement or merely by assignment, takes only the title of the person who transferred to him and subject to ail equities against the note. This is so even though the note be taken before maturity, for value and without notice of such equities. Tiedeman on Com. Paper, sec. 247; Eandolph on Com.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) One who takes a negotiable note payable to order without indorsement or merely by assignment, takes only the title of the person who transferred to him and subject to ail equities against the note. This is so even though the note be taken before maturity, for value and without notice of such equities. Tiedeman on Com. Paper, sec. 247; Eandolph on Com. Paper, secs. 788, 789; Patterson v. Cave, 61 Mo. 439; Weber v. Orton, 91 Mo. 677; Quigley v. Bank, 80 Mo. 289; Doll v. Hollenbeck, 19 Neb. 639; Gaylord v. Bank, 74 N. W. Eep.…
1Opinion of the CourtBhegess, J.
This is a suit in equity by plaintiffs to set aside a trustee’s sale of a small tract of land in Kansas City, Missouri, made by defendant O’Neill, sheriff, and trustee under a deed of trust on said land, executed by J. T. Chambers and his wife Othelia on the 19th day of April, 1889, to Samuel Poster, trustee, for the use and benefit of Charles E. Hicks, to secure the payment of a promissory note for the sum of $3,700, dated on the 17th day of April, 1889, due three years after its date and executed by said Chambers and wife to said Hicks.
In 1878 one John Jones died testate in Ohio possessed…
2Cases cited18 opinions
- Crosby v. RoubWisconsin Supreme Court · 1863
- Quigley v. Mexico Southern BankSupreme Court of Missouri · 1883
- Franklin v. TwogoodSupreme Court of Iowa · 1865
- Julian v. CalkinsSupreme Court of Missouri · 1884
- Fountain v. BookstaverIllinois Supreme Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estrada v. River Oaks Bank & Trust Co.Court of Appeals of Texas · 1977
- Cockrell v. TaylorSupreme Court of Missouri · 1940
- Wright v. Mississippi Valley Trust Co.Missouri Court of Appeals · 1910
- Bergmann v. RollWisconsin Supreme Court · 1928
- Clark v. ThompsonSupreme Court of Alabama · 1915
4 more not listed; retrieve them via the Exa API.