Foege v. Woestendiek
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Kent K. Koerner, Judge. (1) The notes and deed of trust in controversy were executed by the Jessie Morris Realty &• Investment Company for the specific purpose of erecting a dwelling on the lot on Eads Avenue. Dearth, the payee, was a straw man. He endorsed the notes and delivered them to Frederick, the president of the company.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Kent K. Koerner, Judge. (1) The notes and deed of trust in controversy were executed by the Jessie Morris Realty &• Investment Company for the specific purpose of erecting a dwelling on the lot on Eads Avenue. Dearth, the payee, was a straw man. He endorsed the notes and delivered them to Frederick, the president of the company. Frederick sold the notes and deed of trust to respondents to pay his (Frederick’s) debt to respondent. Respondent took the notes and deed of trust, with a full knowledge of all of the facts in the case. On…
1Opinion of the Court
OPINION.
REYNOLDS, P. J.
(after stating the facts as above.) — It is claimed by learned counsel for appellant that the respondent took the notes and deed of trust with full knowledge of all the facts in the case, and that on her own showing, she acquired her securities as the result of a fraudulent transaction. If this proposition is true, it would follow that plaintiff could not recover, but on a very careful consideration of the testimony we find nothing whatever to justify the conclusion reached by learned counsel for appellant. So far as the testimony shows, the respondent was an innocent…
2Cases cited4 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Riggs v. PriceSupreme Court of Missouri · 1919
- Southern Commercial Savings Bank v. Slattery's AdministratorSupreme Court of Missouri · 1902
- Casner v. SchwartzMissouri Court of Appeals · 1918
3Cited by2 opinions
- Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920
- Hodde v. NobbeMissouri Court of Appeals · 1920