Avery v. Tucker
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon: Chas. D. Stewart, Judge. The note is sued on as one negotiable and it is alleged that the holder and plaintiff1 succeeded to his title by indorsement. It was incumbent on the plaintiff to prove the indorsement. It is denied in the answer. Dempsey v. Harrison, 4 Mo. 267. The general rule is that the possession of a note not payable to bearer nor indorsed in blank by a third person is not prima facie evidence of ownership.
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Appeal from Knox Circuit Court. — Hon: Chas. D. Stewart, Judge. The note is sued on as one negotiable and it is alleged that the holder and plaintiff1 succeeded to his title by indorsement. It was incumbent on the plaintiff to prove the indorsement. It is denied in the answer. Dempsey v. Harrison, 4 Mo. 267. The general rule is that the possession of a note not payable to bearer nor indorsed in blank by a third person is not prima facie evidence of ownership. Dorn v. Parsons Estate, 56 Mo. 601. And the possession of an unindorsed note does not relieve the holder from the presumption that the…
1Opinion of the CourtGoode, J.
— Action on a negotiable promissory note dated May 19, 1906, at Edina, Missouri, executed by defendant and whereby he promised to pay to the order of the Knox Milling Company $320.06 for value received, with interest at six per cent from date, and indorsed on the back under date of July 18,1906: “Pay to the order of George L. Avery.” In the petition it is alleged the note was assigned by the. payee, Knox Milling Company, to plaintiff in accordance with the. indorse*431ment. Thé answer admitted execution by defendant, denied the other allegations of the petition and said defendant caused the…
2Cases cited4 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- Mercier v. Travelers InsuranceWashington Supreme Court · 1901
3Cited by1 opinion
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913