Hoeley v. South Side Bank
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thos. E. Hennings, Judge. (1) If one not a party to or liable on a note pays the holder of the note out of his own funds and acquires possession of and title to the same, the transaction is. a purchase and not a payment. Wing v. Union Central Life Ins. Co., 181 Mo. App. 391; Van Hoose v. Machine Co., 169 Mo. App. 54; Vansaudt v. Hobbs, 84 Mo. App. 629; Swope v. Leffingwell, 72, Mo. 348; Marshall v. Meyers, 96 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Thos. E. Hennings, Judge. (1) If one not a party to or liable on a note pays the holder of the note out of his own funds and acquires possession of and title to the same, the transaction is. a purchase and not a payment. Wing v. Union Central Life Ins. Co., 181 Mo. App. 391; Van Hoose v. Machine Co., 169 Mo. App. 54; Vansaudt v. Hobbs, 84 Mo. App. 629; Swope v. Leffingwell, 72, Mo. 348; Marshall v. Meyers, 96 Mo. App. 643. (2) When Krembs acquired possession of' the note and the deed of trust securing it from Moellenhoff, he did not have it…
1Opinion of the Court
The plaintiff in this action seeks to enjoin the negotiation of a certain promissory note and deed of trust securing the same on her property, and prays for a cancellation of the note and the removal of the deed of trust as a cloud upon the title. There was a judgment in the Circuit Court of the City of St. Louis for plaintiff, and the defendant appealed.
The facts of the case are all contained in an agreed statement signed by the parties, in substance as follows:
Maria Hoeley, of German birth, was, at all the times mentioned in the statement, a widow, spoke the English language indifferently,…
2Cases cited4 opinions
- Van Raalte v. EpsteinSupreme Court of Missouri · 1907
- Rea v. McDonaldSupreme Court of Minnesota · 1897
- Kelly v. StaedSupreme Court of Missouri · 1896
- Comstock v. BuckleyWisconsin Supreme Court · 1910
3Cited by1 opinion
- Dowling v. Grand Avenue BankMissouri Court of Appeals · 1924