Kilgore v. Bonic
Supreme Court of Missouri
ERROR to Warren. The Plaintiff makes the following POINTS. 1. The bond was assigned to McClelland, who was indebted to the maker Kilgore, and he notified of the assignment. It could not be legally transferred by the cancellated of the assignment.
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ERROR to Warren. The Plaintiff makes the following POINTS. 1. The bond was assigned to McClelland, who was indebted to the maker Kilgore, and he notified of the assignment. It could not be legally transferred by the cancellated of the assignment. That McClel-land did not pay McMurtry for the bond at the time, can make no difference — he promised to do so, and the sale was good. 2. It was a fraud on Kilgore to permit McClelland to hold the note until he broke, and then to re-transfer it. POINTS AND AUTHORITIES. 1. The pretended assignment to John A. McClelland, did not divest the legal title…
1Opinion of the CourtScott, J.
Kilgore executed a bond to Wm. McMurtry for $76, which was placed in the hands of John A. McClelland for collection. At the time of the delivery of the instrument to McClelland, the following words were endorsed on it to-wit: “I for value received do assign the within note to John A. McClelland.” This endorsement was not signed by McMurtry, the obligee of the bond, McClelland’s father was the stage proprietor on the route from St. Charles to Fayette, and was indebted to the defendant Kilgore in the sum of $100, who was a driver on the line. McClelland was agent for his father in…
2Cited by2 opinions
- Richardson v. HarrisonSupreme Court of Missouri · 1865
- Zervis v. UnnerstallMissouri Court of Appeals · 1888