Henley v. Holzer
Missouri Court of Appeals
Ebbob to Cole Circuit Court, Hon. Chables A. Winslow, Special Judge. Statement of case by the court. This is an action to foreclose a deed of trust, given to secure the payment of the following note: “Jefferson City, Mo., December 3, 1873. “ One day after date I promise, for valne received, to pay to the order of Austin A. King the sum of one hundred and twenty-five dollars, with ten per cent, interest from date till paid. “John Holzeb.”
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Ebbob to Cole Circuit Court, Hon. Chables A. Winslow, Special Judge. Statement of case by the court. This is an action to foreclose a deed of trust, given to secure the payment of the following note: “Jefferson City, Mo., December 3, 1873. “ One day after date I promise, for valne received, to pay to the order of Austin A. King the sum of one hundred and twenty-five dollars, with ten per cent, interest from date till paid. “John Holzeb.” Which note was endorsed as follows : “Austin A. King.” Also, “Withoutrecourse, Austin A. King.” The answer averred, among other things, that after the…
1Opinion of the CourtHall, J.
It is settled law in this state that the transferee of negotiable paper, to whom it has been transferred after maturity, acquires nothing but the actual right and title of the transferrer; and if the paper had been paid he cannot recover. Wheeler v. Barrett, 20 Mo. 573; Cutler v. Cook, 77 Mo. 388; Barnes v. McMullins, 78 Mo. 263; 1 Daniels on Negotiable Instruments, sect. 724 a, and vol. 2, sect. 1233 a; Story on Promissory Notes, sect. 190.
The trial court made a special finding of the facts. To the facts so found we shall limit ourselves, and simply determine whether the court correctly…
Also in this document: Concurrence.
2Cases cited3 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Cutler v. CookSupreme Court of Missouri · 1883
- Wheeler v. BarretSupreme Court of Missouri · 1855
3Cited by2 opinions
- Dowling v. Grand Avenue BankMissouri Court of Appeals · 1924
- Bissett v. GranthamMissouri Court of Appeals · 1896