Smith v. Giegrich
Supreme Court of Missouri
Appeal from Lewis Circuit Court. This is a negotiable note, not subject to a defence of partial or total failure of consideration, or fraudulent representations, when taken by an innocent purchaser for value, before due — R. C. 1855, pp. 819-20, §§ 1-3. The 1st section makes this a note importing a consideration, &c.; the 2d section makes it assignable; the 3d section exempts it from “set-off or other defence existing at the time of or before notice of assignment.”
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Appeal from Lewis Circuit Court. This is a negotiable note, not subject to a defence of partial or total failure of consideration, or fraudulent representations, when taken by an innocent purchaser for value, before due — R. C. 1855, pp. 819-20, §§ 1-3. The 1st section makes this a note importing a consideration, &c.; the 2d section makes it assignable; the 3d section exempts it from “set-off or other defence existing at the time of or before notice of assignment.” There is no distinction in this 3d section between a note payable in money or payable in property, and consequently no defence…
1Opinion of the CourtWagner, Judge
This case comes'here on an agreed statement of facts. The *370suit was originally instituted before a justice of the peace, on the following note:
“ Qn or before the first day of March, 1859, I promise to pay unto Wm. H. Eads, or order, two wagons, to be worth seventy dollars a-piece, for value received, negotiable and payable without defalcation or discount. This 29th day of December, 1857.
George Giegrich.
“ John How, Jr., attest.”
The note was given to Eads, on his fraudulent representations, for a patent which it is admitted was entirely worthless. Before it became due it was endorsed to…
2Cases cited3 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Cook v. SatterleeNew York Supreme Court · 1826
- Leiber v. GoodrichNew York Supreme Court · 1825
3Cited by4 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Spears v. BondSupreme Court of Missouri · 1883
- Chandler v. CalvertMissouri Court of Appeals · 1901
- Hume v. HaleMissouri Court of Appeals · 1910