National Bank of Commerce v. Pennington
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. ■ The court committed error in sustaining the demurrer to the evidence of plaintiff. The note was a negotiable one, for value received, was dated June 6, 1886, due October 1, 1888, payable to the order of Smith and.
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Appeal from the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. ■ The court committed error in sustaining the demurrer to the evidence of plaintiff. The note was a negotiable one, for value received, was dated June 6, 1886, due October 1, 1888, payable to the order of Smith and. Keating Implement Company,.' a corporation, for one-hundred and forty dollars, at the Allen Banking Company, in Harrisonville, Missouri; interest ten percent, with a property statement, and a waiver of protest, etc. Tiedeman on Commercial Paper, sec. 29e/ Schlesinger v. Arline, • 31 Fed. Rep. 648; Stillwell v.…
1Opinion of the CourtEllison, J.
This action is based on a negotiable promissory note, plaintiff claiming to be an indorsee for value in the usual course of business before maturity. A demurrer to plaintiff’s testimony was sustained and plaintiff took a nonsuit. After an unsuccessful motion to-set same aside, it'appeals here.
The court’s action will have to be affirmed. The testimony fails to show from whom plaintiff purchased the note. The proof should show that the purchase was made from the payee or his assignee. Mechanics' Bank v. Donnell, 35 Mo. 373. The petition alleged that the note was indorsed by the payees and…
2Cases cited2 opinions
- Reinhard v. Dorsey Coal Co.Missouri Court of Appeals · 1887
- Mechanics' Bank v. DonnellSupreme Court of Missouri · 1865
3Cited by10 opinions
- Dunlap v. KellyMissouri Court of Appeals · 1904
- Padley v. CatterlinMissouri Court of Appeals · 1896
- Worrell v. RobertsMissouri Court of Appeals · 1894
- Mayer v. OldMissouri Court of Appeals · 1892
- Nance v. HaywardMissouri Court of Appeals · 1914
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