Barnard State Bank v. Fesler
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Hon. Edward Vinsonhaler} Special Judge. (1) The court erred in permitting the note sued upon to be introduced in evidence. No doctrine has been more strongly adopted in this State than the fact that where plaintiff sued upon an indorsed note the indorsement must be proven before you can recover.
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Appeal from Nodaway Circuit Court. — Hon. Edward Vinsonhaler} Special Judge. (1) The court erred in permitting the note sued upon to be introduced in evidence. No doctrine has been more strongly adopted in this State than the fact that where plaintiff sued upon an indorsed note the indorsement must be proven before you can recover. A general denial in an action on a promissory note by the alleged indorsee puts in issue the plaintiff’s title to the note, and the genuineness of the indorsement. Bank v. Pennington, 42 Mo. App. 355; Worrell v. Roberts, 58 Mo. App. 197; Saville v. Huffstetter, 63…
1Opinion of the CourtBroaddus, J.
This is a suit on a promissory note dated the eighth day of May, 1896, payable to the Stanberry Normal School Association, a corporation, for the sum of $1,875, and negotiable and due on or. before September 1, 1897, with eight per cent interest from date. This note was indorsed in blank and delivered to one Terrence W. Costello, before due, by the president of the association, and Costello in *221August, 1897, transferred it to tbe plaintiff as collateral se-' curity for an alleged loan of $1,200. Tbe answer is quite lengthy, the purport of it being that the note was without consideration, that…
2Cases cited15 opinions
- Jones v. ShawSupreme Court of Missouri · 1878
- Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
- Musser v. JohnsonSupreme Court of Missouri · 1867
- Rodney v. WilsonSupreme Court of Missouri · 1877
- Hyde v. LarkinMissouri Court of Appeals · 1889
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3Cited by3 opinions
- England v. HouserMissouri Court of Appeals · 1914
- Bass v. SanbornMissouri Court of Appeals · 1906
- Main Street Bank v. EnnisMissouri Court of Appeals · 1928