Bick v. Overfelt
Missouri Court of Appeals
Error to Monroe Circuit Court. — Son. Reuben F. Roy, Judge. STATEMENT OK THE CASE. Respondent, on June 1, 1874, made his promissory note for $330, payable to the order of T. G. and E. H. Harley, due one day after date, and on the first day of June, 1879, made his other promissory note payable to the order of the same parties for $58.06, due one day after date, and on the third day of •June, 1881, he made his other promissory note for $36.90, payable to the order of the same…
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Error to Monroe Circuit Court. — Son. Reuben F. Roy, Judge. STATEMENT OK THE CASE. Respondent, on June 1, 1874, made his promissory note for $330, payable to the order of T. G. and E. H. Harley, due one day after date, and on the first day of June, 1879, made his other promissory note payable to the order of the same parties for $58.06, due one day after date, and on the third day of •June, 1881, he made his other promissory note for $36.90, payable to the order of the same parties, due one day after date, all bearing compound interest at ten per cent per annum. Ou the first note there were…
1Opinion of the CourtBland, P. J.
The trial court evidently was of the opinion that the contract of assignment of the notes, was champertous and for that reason could not be enforced by the assignee who held the notes under the champertous agreement. Conceding that the contract of assignment was champertous, the respondent was not a party to that contract, and, for that reason was in no position to avail himself of its illegality. The law presumes the assignee to be the legal holder of the notes and authorized to sue on them in his own name. Banister v. Keaton, 46 Mo. App. 462; Saulsbury v. Corwin, 40 Mo. App. 373; Merchants…
2Cases cited6 opinions
- Pike v. MartindaleSupreme Court of Missouri · 1886
- Bronson v. WanzerSupreme Court of Missouri · 1885
- Mechanics' Bank v. WrightSupreme Court of Missouri · 1873
- Saulsbury v. CorwinMissouri Court of Appeals · 1890
- Banister v. KentonMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Roeder v. RobertsonSupreme Court of Missouri · 1907
- Cress v. IvensSupreme Court of Iowa · 1914