Collins v. Burrus
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Benj. E. Turner, Judge. The plaintiff must file with the justice a statement of his cause of action. B. S. 1889, sec. 2852. A note payable to order and not indorsed is not a sufficient statement of a cause of action. Smith v. Zimmerman, 29 Mo. App. 249. Possession of a negotiable promissory note payable to order and unindorsed raises no presumption of ownership. Cavill v. Tharp, 30 Mo. App. 131; Rice v. McFarland, 41 Mo.
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Appeal from the Scotland Circuit Court. — Hon. Benj. E. Turner, Judge. The plaintiff must file with the justice a statement of his cause of action. B. S. 1889, sec. 2852. A note payable to order and not indorsed is not a sufficient statement of a cause of action. Smith v. Zimmerman, 29 Mo. App. 249. Possession of a negotiable promissory note payable to order and unindorsed raises no presumption of ownership. Cavill v. Tharp, 30 Mo. App. 131; Rice v. McFarland, 41 Mo. App. 489; Bowers v. Johnson, 49 N. Y. 435.
1Opinion of the CourtRombauer, P. J.
The plaintiff filed for his cause of action before a justice of the peace a promissory note executed by the defendant and payable to Barnes & Myers. The note thus filed did not contain the indorsement of Barnes & Myers, and no statement was *71filed accompanying it to show in what manner the plaintiff claimed title to the note. The defendant did not appear before the justice until after judgment. He then appeared and moved to set aside the judgment, on the ground that the filing of the note was not the filing of a sufficient statement under the statute. The justice overruled the motion. The…
2Cases cited8 opinions
- Weese v. BrownSupreme Court of Missouri · 1890
- Coughlin v. LyonsSupreme Court of Missouri · 1857
- Mastin Bank v. HammersloughSupreme Court of Missouri · 1880
- Hale v. Van DeverSupreme Court of Missouri · 1878
- Polhans v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Missouri · 1893
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3Cited by5 opinions
- First State Bank v. NoelMissouri Court of Appeals · 1902
- Warder, Bushnell & Glessner Co. v. JohnsonMissouri Court of Appeals · 1905
- Allen v. GoodrichMissouri Court of Appeals · 1905
- Brittain v. MurphyMissouri Court of Appeals · 1906
- National Telephone Directory Co. v. Mermod, Jaccard & King Jewelry Co.Missouri Court of Appeals · 1911