Lewis v. Dunlap
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. In Rodney v. Wilson, there was no question but that there was a contract of indorsement, and the writing must control.
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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. In Rodney v. Wilson, there was no question but that there was a contract of indorsement, and the writing must control. In this case there was no attempt to indorse a note, but this agreement was subsequent to the disposition of the note and the payment of the money to appellant, made for the sole purpose of transferring the title to appellee for his sole benefit, to be held intrust, and was without consideration to support a contract of indorsement, and the proceeding of plaintiff amounts to a fraud in attempting to…
1Opinion of the CourtHough, J.
This is a suit against the defendant, Dun*176lap, as indorser in blank of a negotiable promissory note of which one TIaney was maker and said Dunlap payee.
It appears from the record that the defendant held, as payee, two notes for $100 each, made by Haney and secured by deed of trust on certain real estate in Kansas City. In order to take up said notes Haney executed a note for $210 payable to the order of defendant in twelve months with ten per cent interest from date, securing the same with a deed of trust on the same property covered by the first deed, and being about to leave for St. Louis,…
2Cases cited3 opinions
- Dale v. GearSupreme Court of Connecticut · 1871
- Rodney v. WilsonSupreme Court of Missouri · 1877
- Hill v. ElySupreme Court of Pennsylvania · 1819
3Cited by4 opinions
- Wood v. MatthewsSupreme Court of Missouri · 1881
- Midland National Bank v. RollMissouri Court of Appeals · 1895
- Brewer v. ClarkLouisiana Court of Appeal · 1919
- McGuire v. AllenSupreme Court of Missouri · 1891