Farris v. Catlett
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. The only question presented in this case is, does the answer of the defendant present facts which constitute a defence to the plaintiff’s action ? It is contended by the defendant that the plaintiff having taken the note not for value, but as collateral security for another debt; or that, if he had notice of the facts, as alleged in the answer; or that, if he took the note after due, (all of which facts are admitted by the motion…
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Appeal from Buchanan Court of Common Pleas. The only question presented in this case is, does the answer of the defendant present facts which constitute a defence to the plaintiff’s action ? It is contended by the defendant that the plaintiff having taken the note not for value, but as collateral security for another debt; or that, if he had notice of the facts, as alleged in the answer; or that, if he took the note after due, (all of which facts are admitted by the motion to strike out the answer,) he stands just in the same position that Nixon, the payee of the note, would have stood if he…
1Opinion of the CourtBates, Judge
*470This is a suit on a negotiable note, made by the defendant to Nixon, and by him endorsed to the plaintiff.
The defendant answered that the note was, after maturity, assigned by Nixon, without consideration, to the plaintiff as collateral security for a precedent debt; that when the note was given it was part of the consideration of the purchase, by defendant from Nixon of a piece of land which was then encumbered by several deeds of trust, (which included also other lands) and that it was agreed between the defendant, said Nixon, and the parties to said deeds of trust, that the note should be…
2Cases cited2 opinions
- Atwood v. LewisSupreme Court of Missouri · 1840
- Bircher v. PayneSupreme Court of Missouri · 1842
3Cited by1 opinion
- Grier v. HinmanMissouri Court of Appeals · 1880