Weinwick v. Bender
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. This is a suit brought before a justice of the peace by George Weinwick against Joseph and Nicholas Bender, on a note executed by them to John Shafer, and by him assigned to plaintiff. The justice rendering judgment against plaintiff, he appealed to the Circuit Court, where judgment was rendered for plaintiff for sixteen dollars and sixty-four cents, from which defendants appeal.
Read the full summary
Appeal from Jefferson Circuit Court. This is a suit brought before a justice of the peace by George Weinwick against Joseph and Nicholas Bender, on a note executed by them to John Shafer, and by him assigned to plaintiff. The justice rendering judgment against plaintiff, he appealed to the Circuit Court, where judgment was rendered for plaintiff for sixteen dollars and sixty-four cents, from which defendants appeal. At the trial defendants moved to dismiss for the reason that there was no assignment of the note, and plaintiff’s name was endorsed thereon as well as John Shafer’s. The motion…
1Opinion of the CourtDryden, Judge
The written assignment was not a sufficient title to enable the plaintiff to maihtain his action, not because of a lack of authority to write the assignment over the name of Shafer, the assignor, but because the name was endorsed after the institution of the suit. A plaintiff can only recover on such right as he had when suit was brought. But the objection is of no practical importance in the case, since, the evidence showed the plaintiff the equitable owner by means of a verbal sale and delivery of the note before suit brought, which is a sufficient title on which to recover under the law…
2Cases cited1 opinion
- St. Louis Perpetual Insurance v. CohenSupreme Court of Missouri · 1845
3Cited by7 opinions
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1906
- Bailey v. WilliamsSupreme Court of Missouri · 1959
- Lilly v. O'BrienCourt of Appeals of Kentucky (pre-1976) · 1928
- Kaw Valley State Bank & Trust v. Commercial Bank of Liberty, N.A.Missouri Court of Appeals · 1978
- In re Life Ass'n of AmericaMissouri Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.