Davis v. Helm
Missouri Court of Appeals
Appeal from, the Hannibal Court of Common Pleas. Hon. Thomas H. Bacon, Judge. The note, as set out in the defendant’s offset, was, as shown by the testimony of the defendant and John B. Lewis, duly assigned and endorsed by plaintiff over to the defendant for valué, and it was also proven by the defendant, as well as admitted by the plaintiff, that the maker of the said note was a non-resident of the state of Missouri, and that, as the note was not payable to the “order” of…
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Appeal from, the Hannibal Court of Common Pleas. Hon. Thomas H. Bacon, Judge. The note, as set out in the defendant’s offset, was, as shown by the testimony of the defendant and John B. Lewis, duly assigned and endorsed by plaintiff over to the defendant for valué, and it was also proven by the defendant, as well as admitted by the plaintiff, that the maker of the said note was a non-resident of the state of Missouri, and that, as the note was not payable to the “order” of any one, it was not a negotiable piece of paper, and that the rules applicable to negotiable paper did not apply to it,…
1Opinion of the CourtThompson, J.
This was an action commenced before a justice of the peace to recover a balance due by account for rents collected by the defendant, for the plaintiff. The defendant filed before the justice an offset, .consisting of a promissory note of the following tenor:
“$100.— Hannibal, Mo., April 13, 1885.
“ Ten months after date I promise to pay Thomas Davis one hundred dollars at eight per cent, interest for value received.
“William J. East.”
The note was endorsed in blank, “Thomas Davis.”
At the trial in the circuit court the defendant admitted that he owed to the plaintiff the balance due by account for…
2Cases cited7 opinions
- Rodney v. WilsonSupreme Court of Missouri · 1877
- Gerard v. La CosteSupreme Court of the United States · 1787
- Light v. KingsburySupreme Court of Missouri · 1872
- Yingling v. KohlhassCourt of Appeals of Maryland · 1862
- Beeler v. FrostSupreme Court of Missouri · 1879
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