Odell & Frink v. Gray & Co.
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. STATEMENT OF THE CASE. This was an action of assumpsit, brought by Odell & Frink against the defendants, to recover from them a sum of money paid to them by one Griffin. The defendants pleaded the -statutory plea.
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ERROR to St. Louis Court of Common Pleas. STATEMENT OF THE CASE. This was an action of assumpsit, brought by Odell & Frink against the defendants, to recover from them a sum of money paid to them by one Griffin. The defendants pleaded the -statutory plea. The record discloses the following facts : On the 26th day of February, 1848, plaintiffs left with Lake & Co. of New York, bankers, a note, made by Isaac Griffin, payable to the order of the plaintiffs, for the sum of $382 53, dated August 20th, 1847, payable in seven months from date, at the Bank of Missouri. The note was endorsed in blank…
1Opinion of the Court
Scott, J.,
delivered the opinion of the court. •
In the argument of this cause, it was contended by the plaintiffs counsel, that the note, in which this controversy had its origin, was not negotiable, within the meaning of the statute relative to bills of exchange and negotiable promissor notes; and therefore, that the principles of law, asserted in the several instructions given by the court, were inapplicable. The term “negotiable,” in its enlarged signification, applies to any written security which may be transferred by endorsement or delivery, so as to vest in the endorsee the legal title,…
2Cases cited3 opinions
- Grant v. RaymondSupreme Court of the United States · 1832
- Clark v. LokerSupreme Court of Missouri · 1847
- Shaffer v. StateMississippi Supreme Court · 1872
3Cited by1 opinion
- Estate of De Gheest v. Estate of De GheestSupreme Court of Missouri · 1951