Legal Opinion

German American Bank v. Carondelet Real Estate Co.

Supreme Court of Missouri

Decided June 14, 1899PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. Pembrook R. Flitcraft, Judge. (3) The only defense against a purchaser of negotiable paper before maturity is bad faith on his part. He is not bound by constructive notice or by knowledge of facts that might put him on inquiry. Hamilton v. Marks, 63 Mo. 167; Borgess v. Vetter, 142 Mo. 573; Bank v. Schoen, 56 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Pembrook R. Flitcraft, Judge. (3) The only defense against a purchaser of negotiable paper before maturity is bad faith on his part. He is not bound by constructive notice or by knowledge of facts that might put him on inquiry. Hamilton v. Marks, 63 Mo. 167; Borgess v. Vetter, 142 Mo. 573; Bank v. Schoen, 56 Mo. App. 167; Jennings v. Todd, 118 Mo. 304;.Johnson v. McMurray, 72 Mo. 278; Meyer v. Eobinson, 93 Mo. 115; Turner v. Hoyle, 95 Mo. 337. (2) Though the indebtedness for which collateral is given be renewed from time to time, by giving of…

1Opinion of the Court

BRACE, P. J".

This is a suit in equity to set aside a release of, and to foreclose a deed of trust, in which the judgment was for the defendants, the bill dismissed, and the plaintiff appeals.

On the 19th day of May, 1892, one William B. Lange, being at the time attorney in fact of his mother Mathilda Lange and president of the Carondelet Real Estate Company, executed a deed of trust of that date, upon the real estate described in the petition, signed “Carondelet Real Estate Company by Wm. B. Lange, President” to secure the payment of five negotiable promissory notes, one principal for $4,000,…

2Cases cited11 opinions

  1. Hagerman v. SuttonSupreme Court of Missouri · 1887
  2. Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
  3. Mayes v. RobinsonSupreme Court of Missouri · 1887
  4. Bishop v. SchneiderSupreme Court of Missouri · 1870
  5. Stevens v. HamptonSupreme Court of Missouri · 1870

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3Cited by7 opinions

  1. Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905
  2. Warren v. . SusmanSupreme Court of North Carolina · 1915
  3. Hatcher v. HallMissouri Court of Appeals · 1956
  4. Woolridge v. Lacrosse Lumber Co.Supreme Court of Missouri · 1921
  5. Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920

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