Sublette v. Brewington
Missouri Court of Appeals
Appeal from the Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. The court erred in finding the issues for defendants. The note was admittedly without consideration. The finding and judgment of the court should have been for the plaintiffs on both counts. The note was a negotiable instrument, payable to the order of Edwin L. Hilbert and was transferred to defendants simply by delivery, without indorsement. It was therefore not negotiated to defendants.
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Appeal from the Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. The court erred in finding the issues for defendants. The note was admittedly without consideration. The finding and judgment of the court should have been for the plaintiffs on both counts. The note was a negotiable instrument, payable to the order of Edwin L. Hilbert and was transferred to defendants simply by delivery, without indorsement. It was therefore not negotiated to defendants. Secs. 30, 49, 52, “Negotiable Instrument Laws;” Acts 1905, pp. 247, 249. The note being without consideration, was, therefore, subject to…
1Opinion of the Court
BROADDUS, J. —
This is a suit to restrain defendants from disposing of a certain promissory note and asking for its cancellation.
On January 8, 1906, the plaintiffs applied to E. L. Hilbert to procure for them a loan of one thousand dollars, for the period of one year. For the purpose of obtaining the loan, they executed and delivered their promissory note for said sum of one thousand dollars, due in one year, payable to the order of said Hilbert. *414Hilbert with one of the plaintiffs applied to several persons to get them to advance the money on the note bnt failed to get such advance. The…
2Cited by8 opinions
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- Chandler v. HedrickMissouri Court of Appeals · 1915
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- Exchange Bank v. WeinerIndiana Court of Appeals · 1930
- Magnolia Compress & Warehouse Co. v. St. Louis Cash Register Co.Missouri Court of Appeals · 1919
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