Fourth National Bank v. Noonan
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals, (1) The paper of April 6, 1880, executed and delivered by the respondent to William <1. Berkley, vested in him the title to the note sued on, and gave him the right to sue upon it in his own name as the holder thereof. Any other construction of it renders it nugatory and void, an interpretation which the court will hesitate to put upon any instrument.
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Appeal from St. Louis Court of Appeals, (1) The paper of April 6, 1880, executed and delivered by the respondent to William <1. Berkley, vested in him the title to the note sued on, and gave him the right to sue upon it in his own name as the holder thereof. Any other construction of it renders it nugatory and void, an interpretation which the court will hesitate to put upon any instrument. The court will rather seek the intention of the parties, and take that view of the transaction which will best serve the purpose which the parties had in view. A note may be assigned on a piece of…
1Opinion of the CourtBlack, J.
This suit is based upon a note made by the defendant dated April 30,1877, maturing June 24,1877 for twenty-four thousand dollars and payable to plaintiff. *376The petition gives credits for proceeds of certain collaterals and demands judgment for some nine or ten thousand dollars. The suit ivas begun in 1882 and the cause came on for trial March 20, 1883, when the defendant filed a second amended answer. The third and fourth defences, set up for the first time in this amended answer, are based upon the. following facts as disclosed at the trial. Noonan, the defendant here, sued Berkley before a…
2Cases cited2 opinions
- Burnett v. CrandallSupreme Court of Missouri · 1876
- Loomis v. RobinsonSupreme Court of Missouri · 1882
3Cited by20 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- General Exchange Ins. Corp. v. YoungSupreme Court of Missouri · 1948
- Webster v. Sterling Finance Co.Supreme Court of Missouri · 1943
- Subscribers at Casualty Reciprocal Exchange Ex Rel. Dodson v. Kansas City Public Service Co.Missouri Court of Appeals · 1936
- Johnson County v. BrysonMissouri Court of Appeals · 1887
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