Vandagrift v. Bates County Investment Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court, — Hon. B. G. Thurman, Judge, (1) Bills and notes remain negotiable after payment, so far as respects the parties who shall knowingly negotiate the same afterward, for in such case the negotiation cannot prejudice any other persons and will only charge themselves. Mabry v, Matheny, I'O Smedes and Marshall, 323, 48 Am. Dec., 753; Daniels on Neg. Inst. (4 Ed.), 1242; Wade v. Small, 2 Greenleaf, 207; 11 Am.
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Appeal from Vernon Circuit Court, — Hon. B. G. Thurman, Judge, (1) Bills and notes remain negotiable after payment, so far as respects the parties who shall knowingly negotiate the same afterward, for in such case the negotiation cannot prejudice any other persons and will only charge themselves. Mabry v, Matheny, I'O Smedes and Marshall, 323, 48 Am. Dec., 753; Daniels on Neg. Inst. (4 Ed.), 1242; Wade v. Small, 2 Greenleaf, 207; 11 Am. Dec. 62, and note 66; 4 Éncy. of Law, note 7, page 499; Eaton v. McKown, 34 Me. 510; 6 Ency. of Law and Proe., 791. (2) The two notes recited by their terms…
1Opinion of the CourtBroaddus, P. J.
This is an action the purpose of which is to follow a certain fund by tracing it into the assets held by the respondent assignee, and to secure a preference for the full payment of the plaintiff’s claim.
The plaintiff is the receiver of the Bates National Bank, of Butler, Missouri, organized in September, 1902, and which continued in business until September 20, 1906, at which date it was declared insolvent and a receiver was appointed, who held the office until May 15, 1908, when the plaintiff was appointed as his successor.
*81The Bates County Investment Company was organized as a Missouri…
2Cases cited4 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Kelly v. StaedSupreme Court of Missouri · 1896
- Light v. KingsburySupreme Court of Missouri · 1872
- Barber v. StroubMissouri Court of Appeals · 1905
3Cited by3 opinions
- Title Guarantee & Trust Co. v. PamAppellate Division of the Supreme Court of the State of New York · 1920
- Michalak v. NowinskiWisconsin Supreme Court · 1936
- Mounty v. Neighbors Implement & Vehicle Co.Missouri Court of Appeals · 1916