Harmon v. Menke
Missouri Court of Appeals
Appeal from, the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. There can be no partial assignment of an account or negotiable instrument without the consent of the debtor. Love v. Fairfield, 13 Mo. 300; Bwnett v. Cran-dall, 63 Id. 410; Beardslee v. Morner, 73 Id. 22; Loomis v. Bdbinson, 76 Id. 488; Bank v. Noonan, 88 Id. 372; Leonard v. B?y, 68 Mo.
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Appeal from, the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. There can be no partial assignment of an account or negotiable instrument without the consent of the debtor. Love v. Fairfield, 13 Mo. 300; Bwnett v. Cran-dall, 63 Id. 410; Beardslee v. Morner, 73 Id. 22; Loomis v. Bdbinson, 76 Id. 488; Bank v. Noonan, 88 Id. 372; Leonard v. B?y, 68 Mo. App. 48; Mandeville v. Welch, 5 Wheat. 286. See, also, Edwards on Bills and Notes [3 Ed.], secs. 280, 396; 1 Dan’l Neg. Pap., sec. 668; Frank v. Knigler, 36 Tex. 305; Goldman v. Blum, 58 Id. 630, 636; Hughes v. Keddell, 2 Bay (S.…
1Opinion of the CourtBiggs, J.
Ernest A. Menke and J. H. Zelch were summoned as garnishees under an execution issued by a justice of the peace in favor of E. Y. Harmon and against John Belleville. The findings and judgments were in favor of the garnishees both before the justice and in the circuit court. ' The cases seem to have been tried together in the circuit court and the two appeals are presented in this court in one record, although there was no agreement to that effect. This is a technical objection which we may put aside.
The following facts are uncontroverted. On the twenty-second day of September, 1896, Menke was…
2Cases cited7 opinions
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Scales v. Southern Hotel Co.Supreme Court of Missouri · 1866
- Pickens v. DorrisMissouri Court of Appeals · 1885
- McQuarry v. GeyerMissouri Court of Appeals · 1894
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3Cited by1 opinion
- In Re Estate of MillsSupreme Court of Missouri · 1942