Cloud v. International Book & News Co.
Missouri Court of Appeals
Appeal from the St, Louis Circuit Court, Amos M. Thater, Judge. The respondent could only recover on the ground that he acquired the note, bona fide, for val ue, in the usual course of business, before maturity, and without notice of any circumstance impeaching its validity. Daniel on Neg. Inst., sects. 812, 819 ; Johnson v. McMiorry, 72 Mo. 278 ; Hamilton v. Maries, 63 Mo. 167. He took the nore in bad faith.
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Appeal from the St, Louis Circuit Court, Amos M. Thater, Judge. The respondent could only recover on the ground that he acquired the note, bona fide, for val ue, in the usual course of business, before maturity, and without notice of any circumstance impeaching its validity. Daniel on Neg. Inst., sects. 812, 819 ; Johnson v. McMiorry, 72 Mo. 278 ; Hamilton v. Maries, 63 Mo. 167. He took the nore in bad faith. Barr •». Balcer, 9 Mo. 850 ; JSdwards r>. Thomas, 66 Mo. 47; Cass Co. r>. Green, 66 Mo. 498; Baldwin v. Whitcomb, 71 Mo. 651. Bad faith of the transferee of negotiable paper to defeat…
1Opinion of the CourtThompson, J.
Action on a promissory note. The defence, substantially, was that the payee of the note had procured it of the defendant under an arrangement by which they had “swapped notes” with each other, so to speak, he giving to the defendant, at the time of receiving this note, and in exchange for this note, Ms own note payable to the defendant, of even date, amount, and time, with this note; that he had failed to pay his note so given to the defendant in exchange for this note ; and that the plaintiff took this note with notice of the circumstances under which it was given.
I. The evidence showed that…
2Cases cited1 opinion
- Mason v. Bank of CommerceMissouri Court of Appeals · 1884
3Cited by3 opinions
- Nance v. HaywardMissouri Court of Appeals · 1914
- Barnard State Bank v. FeslerMissouri Court of Appeals · 1901
- Whaley v. NeillMissouri Court of Appeals · 1891