Greisser v. Emmons
Missouri Court of Appeals
Appeal from Jasper County Circuit Court. — Division No. One. — Eon. J. D. Perkins, Judge. Where a negotiable instrument complete in form and duly signed and stolen from some place where the-maker has left it and it passes by the thief to a bona fide, innocent holder, the latter can recover from the maker qn the theory that where one of two innocent parties must suffer it is the one whose acts furnish the-means by which the injury is accomplished. 1 Daniel' on Neg. Ins.
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Appeal from Jasper County Circuit Court. — Division No. One. — Eon. J. D. Perkins, Judge. Where a negotiable instrument complete in form and duly signed and stolen from some place where the-maker has left it and it passes by the thief to a bona fide, innocent holder, the latter can recover from the maker qn the theory that where one of two innocent parties must suffer it is the one whose acts furnish the-means by which the injury is accomplished. 1 Daniel' on Neg. Ins. (3 Ed.), sec. 837; 2 Morse on Banks, Sub. e.' (4 Ed.), sec 474; Levy v. Bank of America, 24 La. 220; Smith v. Bank. 6 La.…
1Opinion of the CourtRobertson, P. J.
The defendants, Howard & Brown, issued to the other defendants. R. B. Emmons, cheeks on a bank in Joplin, Missouri, which said Emmons endorsed in blank and returned to Howard & Brown. The checks were thereafter stolen from Howard & Brown and about thirty days later the plaintiff endorsed them at a bank in Denver, Colorado, for the benefit of the thief who then collected the proceeds thereof and appropriated the same to his own use. At the time the plaintiff endorsed the checks they had the forged firm name of Howard & Brown thereon. This suit was instituted to recover the amount of the checks…
2Cases cited7 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Stoepler v. SilberbergSupreme Court of Missouri · 1909
- Cleveland & Aurora Mineral Land Co. v. RossSupreme Court of Missouri · 1896
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