Link v. Jackson
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. It lias been held repeatedly that knowledge of facts and circumstances which would put a prudent man on inquiry is not sufficient, nor is mere suspicion that the note was obtained by fraud, nor is the proof of negligence on his part sufficient to defeat recovery. 7 Cyc. 944; Hamilton v. Marks, 63 Mo. 167; Dickey v. Adler, 143 Mo. App. 332; Reeves v. Letts, 143 Mo. App. 196; Playes v. Blaker, 138 Mo.
Read the full summary
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. It lias been held repeatedly that knowledge of facts and circumstances which would put a prudent man on inquiry is not sufficient, nor is mere suspicion that the note was obtained by fraud, nor is the proof of negligence on his part sufficient to defeat recovery. 7 Cyc. 944; Hamilton v. Marks, 63 Mo. 167; Dickey v. Adler, 143 Mo. App. 332; Reeves v. Letts, 143 Mo. App. 196; Playes v. Blaker, 138 Mo. App. 24; Bank v. Romi-nee, 138 Mo. App. 57; Bank v. Leeper, 121 Mo. App. 695; Bank v. Hammond, 104 Mo. App. 403; Jennings ,v. Todd,…
1Opinion of the CourtNixon, P. J.
The evidence in this case was such that no denial is made by the plaintiff that the note was fraudulent in its inception and procured by a scheme pregnant with dishonesty and chicanery. Bnt the issue is presented whether such original fraudulent taint was communicated to the purchaser, the plaintiff in this ease, through actual knowledge or notice. Questions affecting commercial paper, involving the rights of parties claiming to be bona fide holders for value, are always of great importance and often fraught with difficulty, involving, as they do, a system of jurisprudence entering largely…
2Cases cited40 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Gregory v. ChambersSupreme Court of Missouri · 1883
35 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Herrman v. DaffinMissouri Court of Appeals · 1957
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Hill v. DillonMissouri Court of Appeals · 1913
- Tower Grove Bank & Trust Co. v. DuingSupreme Court of Missouri · 1940
18 more not listed; retrieve them via the Exa API.