Clark v. Porter
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. STATEMENT OE THE CASE. The Supreme Court, in its opinion remanding this case to this court, made the following statement of the facts, which we adopt as our own, to-wit: “This is an action upon two negotiable promissory notes for five hundred dollars each, with eight per cent interest, dated May 1, 1891, executed at Muscogee, Indian Territory, by the defendant to the order of R. L. Duval, by him…
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. STATEMENT OE THE CASE. The Supreme Court, in its opinion remanding this case to this court, made the following statement of the facts, which we adopt as our own, to-wit: “This is an action upon two negotiable promissory notes for five hundred dollars each, with eight per cent interest, dated May 1, 1891, executed at Muscogee, Indian Territory, by the defendant to the order of R. L. Duval, by him indorsed before maturity to the .plaintiff, and payable at the Merchants Bank, in Eort Smith, Arkansas. The petition is in…
1Opinion of the CourtBland, P. J.
The notes sued on were executed in the Indian Territory, where, for judicial purposes, the laws of Arkansas prevailed; and as they were made payable at a bank in Fort Smith in the State of Arkansas, the laws of Arkansas in respect to their negotiable quality therefore control. Plaintiff established the fact that the notes are negotiable paper under the laws of Arkansas by reading in evidence the case of Trader v. Chidester, 41 Ark. 243, wherein it was ruled that, to add to a promissory note containing the negotiable words of the law merchant, the following clause, to-wit, “and in the event of…
2Cases cited3 opinions
- Green v. Lessee of NealSupreme Court of the United States · 1832
- Bricker v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- State v. BedellMissouri Court of Appeals · 1889
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- Fashion Cleaners, Laundries Dyers v. De LongMissouri Court of Appeals · 1946
- Vennum v. MertensMissouri Court of Appeals · 1906
- State Ex Rel. Park National Bank v. Globe Indemnity Co.Missouri Court of Appeals · 1928