Grant v. Kidwell
Supreme Court of Missouri
Error to Callaway Circuit Court. This was an action by Samuel Grant against Washington R. Kidwell on a negotiable promissory note, for $1,054.04, dated September 27,1858, and payable six months from date, of which said Kidwell was the maker and one George Yates the payee.
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Error to Callaway Circuit Court. This was an action by Samuel Grant against Washington R. Kidwell on a negotiable promissory note, for $1,054.04, dated September 27,1858, and payable six months from date, of which said Kidwell was the maker and one George Yates the payee. The petition alleges .an assignment of said note by endorsement by said Yates to plaintiff on the-day of March, 1859. ' The defendant in his answer admitted the assignment of said note by Yates on the 29th of March, 1859. He further set up that said assignment was not for value; that at various times previous to said 29th of…
1Opinion of the CourtNapt on, Judge
There is no doubt that a bona fide endorsee of a negotiable note can not be affected by any dealings between the original parties of which he had no notice. Therefore, where a negotiable note is endorsed before it is due, a payment made to the endorser before his endorsement will not be an extin-guishment of the debt so far as the endorsee is concerned, unless he has notice of the payment at the time he gets the title to the note. (Story on Bills, § 417; Chitty on Bills, Ch. 6 ; Prior v. Jacocks, 1 John. Cas. 169.)
Of course this principle will apply a fortiori to payments made after the…
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- Loewen v. ForseeSupreme Court of Missouri · 1897
- Conrad v. FisherMissouri Court of Appeals · 1889
- Kraemer v. LeberMissouri Court of Appeals · 1954
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