Cummings v. Hurd
Missouri Court of Appeals
Appeal from Henry Circuit Court. — Hon. D. A. DeAbmond, Judge. (1) Hurd, the defendant, as the innocent holder for value without notice of the bond sought to be enjoined, cannot be bound by the unauthorized acts of Cheek. The fact that he bought the bond of Cheek does not give Cheek any right to meddle with Hurd’s rights. Payment to Cheek, who neither had the possession of the bond nor authority to collect, is no protection.
Read the full summary
Appeal from Henry Circuit Court. — Hon. D. A. DeAbmond, Judge. (1) Hurd, the defendant, as the innocent holder for value without notice of the bond sought to be enjoined, cannot be bound by the unauthorized acts of Cheek. The fact that he bought the bond of Cheek does not give Cheek any right to meddle with Hurd’s rights. Payment to Cheek, who neither had the possession of the bond nor authority to collect, is no protection. Tappan v. Horseman, 18 Iowa, 499; Austin v. Thorp, 30 Iowa, 376; Cooley v. Williams, 34 Til. 68; Smith v. Kidd, 68 N. Y. 130; Bitch v. Smith, 82 N. Y. 627; Grewster v.…
1Opinion of the CourtSmith, P. J.
The defendants have brought this case here'by appeal to review the action of the circuit court in entering a decree, forever enjoining defendant John Hurd from the collection of a negotiable bond for $200 and the interest coupons attached. This bond was duly executed and delivered for value to Silas E. Cheek, October 25, 1882, payable five years after date and bearing eight-per-cent, interest. This bond and coupons were sold to defendant Hurd in Bridgeport, Connecticut, for full value. He has ever since been the owner and holder. The bond has never been out of his possession since he bought…
2Cases cited19 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Doubleday v. . KressNew York Court of Appeals · 1872
- Brewster v. . CarnesNew York Court of Appeals · 1886
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Bennett v. Royal Union Mut. Life Ins. Co.Missouri Court of Appeals · 1938
- Ulen v. KnecttleWyoming Supreme Court · 1936
- May v. Jarvis-Conklin Mortgage Trust Co.Supreme Court of Missouri · 1897
- Bennett v. PotashnickMissouri Court of Appeals · 1924
18 more not listed; retrieve them via the Exa API.