Fogg v. School District
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. V: W. Wood, Judge. (1) Before plaintiff purchased the bond from which the coupons sued on were detached, the defendant had exercised its option to pay and had paid said bond to the then owner and holder and the same was surrendered to J. O. Thompson as the agent of defendant.
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Appeal from the Johnson Circuit Court. — Hon. V: W. Wood, Judge. (1) Before plaintiff purchased the bond from which the coupons sued on were detached, the defendant had exercised its option to pay and had paid said bond to the then owner and holder and the same was surrendered to J. O. Thompson as the agent of defendant. Therefore said bond was dead and had no force or effect as an obligation of defendant, and the said Thompson could not thereafter reissue same so as to impart validity thereto even in the hands of a bona fide purchaser for value. Board of Education v. Sinton, 41 Ohio St. 504;…
1Opinion of the Court
Gill, J. —
Statement. This is a suit on certain interest coupons of a bond issued by defendant in January, 1883. No question is made as to the original validity of the bond; but the defense is, that the same , ' was paid off by and through J. O. Thompson, a former banker at Sedalia, who, it is claimed, fraudulently and feloniously reissued the bond after it was paid off and taken up by him, and that plaintiff acquired said bond with notice of the facts. The *164evidence set out in the record is quite voluminous, and much of it immaterial to the real issues involved. That our opinion may be…
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Shirt v. OverjohnSupreme Court of Missouri · 1875
- State v. McGonigleSupreme Court of Missouri · 1890
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3Cited by3 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Ickenroth v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Allen v. HarrisMissouri Court of Appeals · 1899