Lowrie v. Zunkel
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Defendant’s second instruction should have been given, because the paper was not negotiated in the .sense of that term in section 735, Revised Statutes, 1889.-A maker may issue his paper without indorsement. But to negotiate any commercial instrument payable “to order” it must be indorsed. Ricev. McFarland, .34 Mo. App. 410; Patterson v. Cave, 61 Mo. 441; Osgood v. Artt, 17 Cent.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Defendant’s second instruction should have been given, because the paper was not negotiated in the .sense of that term in section 735, Revised Statutes, 1889.-A maker may issue his paper without indorsement. But to negotiate any commercial instrument payable “to order” it must be indorsed. Ricev. McFarland, .34 Mo. App. 410; Patterson v. Cave, 61 Mo. 441; Osgood v. Artt, 17 Cent. L. J. 190; Miller v. Weeks, '22 Pa. St. 89; Wilder v. BeWolf 24 111. 191; Nicoll v. Ogden, 29 111. 823. (2) At common law a note to the maker’s…
1Opinion of the CourtEllison, J.
This action is on the following promissory note payable to the maker’s order:
“$499.37. Kansas City, September 1, 1888.
“Ninety days after date, I promise to pay to the order of myself $499.37, at-, value received, with interest at-per cent, per annum until paid.
“[Signed] Gr. Zunkel.”
*155And on the hack thereof was indorsed: “J. W. McAllister.” It was transferred by delivery to one Benjamin. The plaintiff’s testimony tended to show that he was an -innocent purchaser for value, and the trial court rendered judgment in his favor. Defendant’s position is that as he was the maker of the note, payable…
2Cases cited3 opinions
- Dubois v. MasonMassachusetts Supreme Judicial Court · 1879
- Irving National Bank v. . AlleyNew York Court of Appeals · 1880
- Central Bank of Brooklyn v. LangThe Superior Court of New York City · 1857
3Cited by3 opinions
- Peninsular Savings Bank v. HosieMichigan Supreme Court · 1897
- Market & Fulton National Bank v. Estate of EttensonMissouri Court of Appeals · 1913
- O'Day v. SanfordMissouri Court of Appeals · 1909