Wheeler v. Barret
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was a proceeding instituted by Wheeler to restrain the collection of a note, and to compel the holder to deliver the same up to be cancelled.
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Error to St. Louis Court of Common Pleas. This was a proceeding instituted by Wheeler to restrain the collection of a note, and to compel the holder to deliver the same up to be cancelled. The facts appear in the opinion of the court. insisted-that Barber was to be regarded merely as Wheeler’s agent for negotiating the note, and so the maxim that, of two innocent parties, he whose act has been the cause of the loss must bear it, was applicable. 1. The note in question, being overdue when it was transferred to Barret, was taken by*him subject to all defences and equities connected with it,,…
1Opinion of the CourtRyland, Judge
From the statement agreed upon by the parties in this case, the question here is, upon whom shall the loss fall, on Wheeler or Barret ? It seems that Wheeler owed Solomon Smith a sum of money, $1200, which was to be paid on the 2d of June, 1850. The payment was secured by deed of trust on real.es-estate of Wheeler. On the 15th of March, 1850, Wheeler made and delivered to R. Barber his negotiable promissory note for $1375, payable twelve months after date to R. Barber or *574order, vrith. six per cent, interest from date. Barber was to have this note discounted, and apply the proceeds thereof to…
2Cases cited2 opinions
- Furman v. HaskinNew York Supreme Court · 1805
- Gobin v. HudgensSupreme Court of Missouri · 1852
3Cited by10 opinions
- Cutler v. CookSupreme Court of Missouri · 1883
- Turner v. HoyleSupreme Court of Missouri · 1888
- Bishop v. ChaseSupreme Court of Missouri · 1900
- Ford v. PhillipsSupreme Court of Missouri · 1884
- Dowling v. Grand Avenue BankMissouri Court of Appeals · 1924
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