Rubey v. Watson
Missouri Court of Appeals
Error to Macon Circuit Court, Hon. Andrew Ellison, Judge. Statement of case by the court. This action is based on a promissory note made by ¡defendants and payable to F. C. Harugrove, or order. It was assigned for value, before maturity, to the Macon Savings Bank. The bank made a general assignment, under the statute, to plaintiff.
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Error to Macon Circuit Court, Hon. Andrew Ellison, Judge. Statement of case by the court. This action is based on a promissory note made by ¡defendants and payable to F. C. Harugrove, or order. It was assigned for value, before maturity, to the Macon Savings Bank. The bank made a general assignment, under the statute, to plaintiff. The answer admitted the execution of the note, and that plaintiff is the assignee of the bank, and proceeded to set up the following as a defence thereto : “And for a defence, off-set, and counter-claim to said action, defendant alleges that, at the general…
1Opinion of the CourtEllison, J.
The question presented by the record is simply whether the answer sets up a defence in connection with the agreed statement which was filed and made a part of the record in the cause. From this answer and statement it appears that Cunningham, as collector, was a depositor in the Macon Savings Bank, of which plaintiff is assignee, to an amount greater than that due on the note in suit, and that the bank knew the deposit was revenue. That the bank suspended payments, made an assignment under the statute, and is now insolvent. That Cunningham is likewise insolvent, and that defendant, by reason…
Also in this document: Concurrence.
2Cases cited4 opinions
- Homer v. Savings BankSupreme Court of Connecticut · 1829
- Miller v. Receiver of the Franklin BankNew York Court of Chancery · 1829
- Fulkerson v. DavenportSupreme Court of Missouri · 1879
- Harrison v. PhillipsSupreme Court of Missouri · 1870
3Cited by5 opinions
- Green v. ConradSupreme Court of Missouri · 1893
- Storts v. GeorgeSupreme Court of Missouri · 1899
- Dalton v. Sturdivant BankMissouri Court of Appeals · 1934
- Gray v. School Dist. of Borough of BrownsvilleCourt of Appeals for the Third Circuit · 1933
- Forrester v. CantleyMissouri Court of Appeals · 1932