New Albany Woolen Mills v. W. B. Meyers & Co.
Missouri Court of Appeals
Appeal from, the Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The ex parte affidavit introduced by plaintiff was only competent to prove a naked assignment, and was not competent evidence on the controverted issue as to good faith, valuable consideration or indorsement before due.
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Appeal from, the Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The ex parte affidavit introduced by plaintiff was only competent to prove a naked assignment, and was not competent evidence on the controverted issue as to good faith, valuable consideration or indorsement before due. R. S., sec. 4875, p. 1098. (2) When a contract is made with an agent and the general agency is proved, and it appears the contract appertains to the nature of the agency, then the party contracting with such agent is not chargeable with notice of any secret limitation of authority of agent, nor is he put…
1Opinion of the CourtEllison, J.
Plaintiff recovered'judgment against defendants on a negotiable promissory note, alleged to have been assigned to plaintiff before due, for value, without notice. Defendants admitted the execution of the note, but charged that the consideration therefor was certain merchandise which he used in the manufacture of woolen goods at Carthage, Missouri; that plaintiffs’ assignor, the Ohio Falls Warp Mills, by special agreement with defendants, were to furnish them with certain amounts of warp, at a stated price, as required by the contract; that said Ohio Falls Warp Mills failed to furnish the…
2Cases cited1 opinion
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
3Cited by10 opinions
- Gilpin v. Aetna Life InsuranceMissouri Court of Appeals · 1939
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Eyermann v. PironSupreme Court of Missouri · 1899
- Plummer v. KnightMissouri Court of Appeals · 1911
- Ferry v. WoodyMissouri Court of Appeals · 1922
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