Farmers' National Bank v. Dreyfus
Missouri Court of Appeals
Appeal from the Jackson Circuit Court — Hon. J. W. Henry. Judge. (1) Bank checks axe negotiable instruments subject to the same rules which govern ordinary bills of exchange. Grate City v. Bank, 126 Mo. 82; Famous, etc., v. Cro'sswhite, 124 Mo. 34; Burns v. Kahn, 47 Mo. App. 215. (2) A check is presumed to have been given for value. Newcomb v. Jones, 37 Mo.
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Appeal from the Jackson Circuit Court — Hon. J. W. Henry. Judge. (1) Bank checks axe negotiable instruments subject to the same rules which govern ordinary bills of exchange. Grate City v. Bank, 126 Mo. 82; Famous, etc., v. Cro'sswhite, 124 Mo. 34; Burns v. Kahn, 47 Mo. App. 215. (2) A check is presumed to have been given for value. Newcomb v. Jones, 37 Mo. App.- 475. (3) A bona fide purchaser of negotiable paper for value before maturity becomes the owner of the same, notwithstanding any defects in the title of the person from whom he acquired it. Savings Institution v. Heinsman, 1 Mo. App.…
1Opinion of the CourtEllison, J.
Plaintiff claiming to be the innocent indorsee of a check drawn, by defendant for $545, brought this action thereon against him. The judgment in the trial court was for defendant.
The question for decision is, whether plaintiff is an innocent purchaser of the check. The oheck was drawn August 2, 1897, by defendant on a bank in Kansas City, Mo., where he resides, and made payable to a party in New York City, to whom it was sent by mail. It was received by the New York party on August 5, and on that day it was indorsed by the payee to one Jacobs, of Philadelphia, who held it until August 31,…
2Cases cited5 opinions
- Famous Shoe & Clothing Co. v. CrosswhiteSupreme Court of Missouri · 1894
- Himmelmann v. HotalingCalifornia Supreme Court · 1870
- Walsh v. DartWisconsin Supreme Court · 1868
- Estes v. Lovering Shoe Co.Supreme Court of Minnesota · 1894
- Burns v. Kahn & FurstMissouri Court of Appeals · 1891
3Cited by4 opinions
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Maryland Casualty Co. v. DobbinMissouri Court of Appeals · 1937
- Schlamp v. ManewalMissouri Court of Appeals · 1916
- Greisser v. EmmonsMissouri Court of Appeals · 1913