First State Bank v. Hammond
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Tlie question is: Was plaintiff an innocent purchaser for value before maturity, without notice of any fraud in the inception of the contract, and if so, then it is entitled to recover.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) Tlie question is: Was plaintiff an innocent purchaser for value before maturity, without notice of any fraud in the inception of the contract, and if so, then it is entitled to recover. First National Bank of Springfield v. Skeen, 101 Mo. 683; Jennings v. Todd, 118 Mo. 296. (2) The consideration of negotiable paper in the hands of a bona fide holder for value before maturity can not be inquired into; mala fides alone can open the door to such inquiry. Gross negligence is not sufficient, but actual notice of the facts which…
1Opinion of the CourtBland, P. J.
On January 21, 1901, defendant executed and delivered to the Corwith Nursery Company, of Corwith, Iowa, his two negotiable promissory notes for five hundred dollars each, payable one year after date. Plaintiff claimed to have purchased these notes of the Corwith Nursery Company, February 1, 1901. As the legal holder of the notes, plaintiff brought this suit thereon against the defendant in the Howell circuit court.
The answer of the defendant alleged that the notes were procured by false and fraudulent representations and that the consideration for them had wholly failed.
After proving the…
2Cases cited6 opinions
- Jennings v. ToddSupreme Court of Missouri · 1893
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Mayes v. RobinsonSupreme Court of Missouri · 1887
- Hahn v. BradleyMissouri Court of Appeals · 1902
- First National Bank v. SkeenSupreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- First State Bank v. HammondMissouri Court of Appeals · 1907
- Local Finance Company v. CharltonMissouri Court of Appeals · 1956
- Wilson v. National Fowler BankIndiana Court of Appeals · 1911
- Birch Tree State Bank v. DowlerMissouri Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.