Hahn v. Bradley
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) The mere possession of a negotiable note imports that the holder acquired it bona fide. Hartón v. Bayne, 52 Mo. 531; Carly v. Butter, 55 Mo. 398; Cloud v. International Bank and News Co., 23 Mo. App. 319; Bank v. Stanley, 46 Mo. App. 440. If a party shows that he acquired the note in good faith, actual notice of facts impeaching its validity must be brought home to him to affect his rights. Bank y.
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Appeal from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) The mere possession of a negotiable note imports that the holder acquired it bona fide. Hartón v. Bayne, 52 Mo. 531; Carly v. Butter, 55 Mo. 398; Cloud v. International Bank and News Co., 23 Mo. App. 319; Bank v. Stanley, 46 Mo. App. 440. If a party shows that he acquired the note in good faith, actual notice of facts impeaching its validity must be brought home to him to affect his rights. Bank y. Pipkin, 66 Mo. App. 592. And it is immaterial, though his negligence be gross. Hamilton v. Marks, 63 Mo. 161; Bank v. Pipkin, 66…
1Opinion of the CourtGoode, J.
Bradley, tbe respondent, made a negotiable promissory note for twenty-two dollars and fifty cents to R. M. Henry on tbe fifth day of April, 1900, and Henry indorsed it before maturity to appellant Hahn.
The note was given for the premium on an insurance policy which Bradley purchased from the Ohillieothe Town Mutual Insurance Company at the solicitation of Henry. Shortly afterwards, though just when is not shown, the insurance company made an assignment, and Bradley, having suffered a loss by fire on the property insured, which he was unable to collect, refused to pay his note on two grounds: *402f…
2Cases cited4 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Seehorn v. American National BankSupreme Court of Missouri · 1899
- Adair v. MetteSupreme Court of Missouri · 1900
- Three States Lumber Co. v. RogersSupreme Court of Missouri · 1898
3Cited by11 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Johnson v. GraysonSupreme Court of Missouri · 1910
- First State Bank v. HammondMissouri Court of Appeals · 1907
- First State Bank v. HammondMissouri Court of Appeals · 1904
- Jobes v. WilsonMissouri Court of Appeals · 1910
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