Legal Opinion

Smith v. Mohr

Missouri Court of Appeals

Decided December 10, 1895PublishedCited by 6 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) By the production of the mortgage and of the note indorsed in blank by the payee, the plaintiff made out a prima facie case as an innocent purchaser for value before maturity of the note and mortgage. Ashbrookv. Letcher, 41 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) By the production of the mortgage and of the note indorsed in blank by the payee, the plaintiff made out a prima facie case as an innocent purchaser for value before maturity of the note and mortgage. Ashbrookv. Letcher, 41 Mo. App. 369; Hagerman v. Sutton, 91 Mo. 519. (2) It was error for the court to permit the defendants to show the consideration of these notes before attacking plaintiff’s position as a bona fide holder for value before maturity. Jennings v. Todcl, 118 Mo. 296; Jolvnson v. McMurray, 72 Mo. 282;…

1Opinion of the CourtBond, J.

Plaintiff replevied certain household furniture from defendant before a justice, claiming title as the holder of eight promissory notes for $17.50 each, due respectively one, two, three, four, five, sis, seven, and eight months after date of the first note, and all secured by a chattel mortgage upon the property replevied, made to one Miller, who indorsed the notes in blank and delivered them and the mortgage to plaintiff. On a trial before the justice plaintiff had judgment. Defendant appealed to the circuit court, and on a trial there recovered judgment, from which plaintiff appealed to…

2Cases cited8 opinions

  1. Hagerman v. SuttonSupreme Court of Missouri · 1887
  2. Johnson v. McMurrySupreme Court of Missouri · 1880
  3. Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  4. Boone v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
  5. Cannon v. MooreMissouri Court of Appeals · 1885

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. First State Bank v. HammondMissouri Court of Appeals · 1907
  2. Zancker v. Northern Insurance Co. of New YorkMissouri Court of Appeals · 1943
  3. Central Missouri Trust Co. v. SmithMissouri Court of Appeals · 1923
  4. Mohr v. LanganMissouri Court of Appeals · 1898
  5. Goodin v. BuhlerMissouri Court of Appeals · 1896

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