Thornton v. Rankin
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. George Engelmann, on the 1st of December, 1851, became the purchaser of certain real estate belonging to Priscilla and Jacob Cooper, minors, at a sale by Isaac J. Cooper, their guardian, made by order of the Probate Court. For the deferred payments, he executed hishiegotiable notes payable to the order of “Isaac J. Cooper, guardian,” &c.
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Appeal from St. Louis Court of Common Pleas. George Engelmann, on the 1st of December, 1851, became the purchaser of certain real estate belonging to Priscilla and Jacob Cooper, minors, at a sale by Isaac J. Cooper, their guardian, made by order of the Probate Court. For the deferred payments, he executed hishiegotiable notes payable to the order of “Isaac J. Cooper, guardian,” &c. Before these notes became due, they were by Isaac J. Cooper endorsed and delivered to John Thornton for a valuable consideration. Thornton had no notice of the facts connected with the making of the notes, or of…
1Opinion of the CourtRyland, Judge
1. The main question in this case involves the power of the payee, Isaac J. Cooper, to whom the notes were executed, to assign the same.
The appellant, Rankin, contends that the notes given to Isaac J. Cooper, guardian of Jacob Cooper and Priscilla Cooper, were not the property of said Isaac J. Cooper, in such manner as to authorize him to assign or transfer them.
In the opinion of this court, the notes were the property of said Isaac J. Cooper. He had the legal right to them, and therefore he could sell or assign or transfer them, and his assignee, for value, without notice, would hold them,…
2Cases cited1 opinion
- Jeffries v. McLeanSupreme Court of Missouri · 1849
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- Brewster v. SeegerMassachusetts Supreme Judicial Court · 1899
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