St. Louis-Carterville Coal Co. v. Southern Coal & Mining Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) The coupons sued on are negotiable instruments under the law merchant and statute. Daniel’s Negotiable Instruments (6 Ed.), sec. 1487; Ogden’s Negotiable Instruments, p. 193;. 10 Cyclopedia of Law and Procedure pp. 1173-1174-1175;' Jones on Corporate Bonds, sec. 238.; Kenosha v. Lamson, 76 U. S. (9 Wall.) 477; Conn. M. L. Assn.
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) The coupons sued on are negotiable instruments under the law merchant and statute. Daniel’s Negotiable Instruments (6 Ed.), sec. 1487; Ogden’s Negotiable Instruments, p. 193;. 10 Cyclopedia of Law and Procedure pp. 1173-1174-1175;' Jones on Corporate Bonds, sec. 238.; Kenosha v. Lamson, 76 U. S. (9 Wall.) 477; Conn. M. L. Assn. Co. v. Railroad, ■ 41 Barb. 9; Railroad v. Cleaney, 13 Ind. 161; Craig v. Vicksburg, 31 Miss. 216; Manning v. Norfolk, 29 Fed. 839; R. S. 1909, sec. 9972. (2) The plaintiff is the bona-fide…
1Opinion of the Court
NORTON!, J.
This is a suit, in as many counts, on ten separate interest coupons detached from mortgage bonds. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
Two of the coupons expressly recite that they are subject to the termsi of the mortgage, and it is, therefore, conceded that plaintiff may not recover on these, in event its right to recover in this suit is denied on *600the remaining eight. In the view we take of the matter, no recovery may be had on any of the coupons declared upon, and, therefore, we will treat of the first eight only.
It appears the eight…
2Cases cited6 opinions
- McClure v. Township of OxfordSupreme Court of the United States · 1877
- Thomson v. Lee CountySupreme Court of the United States · 1866
- McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
- Muren v. Southern Coal & Mining Co.Missouri Court of Appeals · 1913
- Frank v. . WesselsNew York Court of Appeals · 1876
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3Cited by5 opinions
- Reetz v. Pontiac Realty Co.Supreme Court of Missouri · 1927
- Globe Indemnity Co. v. Mississippi Valley-Merchants State Trust Co.Missouri Court of Appeals · 1931
- Hickok v. Diocese of Sioux FallsSouth Dakota Supreme Court · 1935
- Kraus v. Laclede Gas Co.Missouri Court of Appeals · 1962
- Oswianza v. Wengler & Mandell, Inc.Appellate Court of Illinois · 1934