Legal Opinion

Lowrie v. Zunkel

Missouri Court of Appeals

Decided April 4, 1892PublishedCited by 3 opinions

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.

Read the full summary

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

  1. Dubois v. MasonMassachusetts Supreme Judicial Court · 1879
  2. Irving National Bank v. . AlleyNew York Court of Appeals · 1880
  3. Central Bank of Brooklyn v. LangThe Superior Court of New York City · 1857

3Cited by3 opinions

  1. Peninsular Savings Bank v. HosieMichigan Supreme Court · 1897
  2. Market & Fulton National Bank v. Estate of EttensonMissouri Court of Appeals · 1913
  3. O'Day v. SanfordMissouri Court of Appeals · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API