Knaus v. Givens
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L„ Edwards, Judge. (1) While the notes in snit were held by W. A. Dudgeon he could not maintain a suit upon them against W. A. Dudgeon & Co., because he could not be both plaintiff and defendant in the same suit. The difficulty vanishes on indorsement to a third person for value.
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Appeal from Cooper Circuit Court. — Hon. E. L„ Edwards, Judge. (1) While the notes in snit were held by W. A. Dudgeon he could not maintain a suit upon them against W. A. Dudgeon & Co., because he could not be both plaintiff and defendant in the same suit. The difficulty vanishes on indorsement to a third person for value. Appellants, although the notes were transferred to them after due and after the dissolution of the firm of W. A. Dudgeon & Co., can maintain this suit, and the trial court committed error in holding the contrary. 2 Bates on Partnership, sec. 884; Young v. Chew, 9 Mo. App.…
1Opinion of the CourtSherwood, P. J.
Action on six promissory notes. 'There are six counts to the petition, and it is in the *61ordinary form. Plaintiffs sue as the indorsees of these-notes, which are alleged to have been executed by W. A. Dudgeon & Co., a firm composed of said Dudgeon and defendants, Givens and Talbot. The notes are variously dated during the year 1884, are drawn one-day after date, etc., are made payable to said Dudgeon, or order, and purport by him to be transferred to plaintiffs March 12, 1885.
The notes are alike in form, and the first note is as. follows:
“$110.00. 1-3-1884.
“One day after date, we promise to…
2Cases cited8 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Gullett v. Hoy & OrtonSupreme Court of Missouri · 1852
- Holt v. SimmonsMissouri Court of Appeals · 1884
- Gale v. . MillerNew York Court of Appeals · 1874
- Hill v. McPhersonSupreme Court of Missouri · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Ex Rel. Massman Construction Co. v. ShainSupreme Court of Missouri · 1939
- Kelly v. StaedSupreme Court of Missouri · 1896
- Seufert v. GilleSupreme Court of Missouri · 1910
- Gerardi v. ChristieMissouri Court of Appeals · 1910
- Osborn v. WoodMissouri Court of Appeals · 1907
7 more not listed; retrieve them via the Exa API.