Arnot v. Woodburn
Supreme Court of Missouri
Appeal from St. Louis Common Pleas Cowrt. I. The facts negative the material allegation in the petition, viz.: that Osborne, Camp & Co., endorsed and delivered the note sued on, to the plaintiffs for a valuable consideration, who are now the lawful holders and owners of said note. This allegation is denied in the answer. The plaintiffs simply failed to make out their case on the proof.
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Appeal from St. Louis Common Pleas Cowrt. I. The facts negative the material allegation in the petition, viz.: that Osborne, Camp & Co., endorsed and delivered the note sued on, to the plaintiffs for a valuable consideration, who are now the lawful holders and owners of said note. This allegation is denied in the answer. The plaintiffs simply failed to make out their case on the proof. It was incumbent upon them to prove the assignment of Osborne, Camp & Co. to them, and as Bacon delivered the note to them, to prove his agency or authority from Osborne, Camp & Co. (Hardesty v. Newby, 28 Mo.…
1Opinion of the CourtBates, Judge
This suit was upon a negotiable promissory note made by the defendant to Osborne, Camp & Co., and which the plaintiffs allege, and the defendant denies, was endorsed by Osborne, Camp & Co. to the plaintiffs.
It appeared in evidence that the plaintiffs had for the accommodation of Osborne, Camp & Co. endorsed a note for them for five hundred dollars, and that the note so endorsed, had been delivered by them to one Bacon; and that the note of the defendant for fj277.50, which is the foundation of this suit, had been also? without the knowledge of plain*102tiffs, delivered by Osborne, Camp & Co. to…
2Cases cited2 opinions
- Payne v. O'SheaSupreme Court of Missouri · 1884
- Gullett v. Hoy & OrtonSupreme Court of Missouri · 1852
3Cited by6 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Cutler v. CookSupreme Court of Missouri · 1883
- Burrus v. CookMissouri Court of Appeals · 1906
- Ferd Heim Brewing Co. v. JordanMissouri Court of Appeals · 1905
- Haeussler v. GreeneMissouri Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.