Kennedy v. Broderick
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. Action by William Broderick against Walter B. Kennedy. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. Action by William Broderick against Walter B. Kennedy. Judgment for plaintiff, and defendant brings error. Kennedy signed and delivered to Purse a written instrument, of which the following is a copy: “Kansas City, Mo., June 5, 1911. “$4,000.00 No. “Ninety days after date, for value received, I promise to pay to the order of W. D. Purse, four thousand, and no/100 dollars, at National Bank of Com merce, Kansas City, Mo., with, interest from maturity…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Under the general law, as well as under the Negotiable Instruments Act, the writing in question, if the small-type matter in the lower left corner be disregarded, constitutes a perfect negotiable promissory note.
Does the inclusion within the same document of an agreement respecting a pledge of collateral securities, by the terms of which the pledgee may anticipate maturity, sell collaterals, and leave an uncertain amount unpaid, render the instrument nonnegotiable ?
No, if this is a question of Missouri law. For her courts have clearly'and unmistakably…
2Cases cited12 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Whelan v. ReillySupreme Court of Missouri · 1876
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Noell v. GainesSupreme Court of Missouri · 1878
- Hunter v. ClarkeIllinois Supreme Court · 1900
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3Cited by6 opinions
- Nickell v. BradshawOregon Supreme Court · 1919
- Finley v. SmithCourt of Appeals of Kentucky · 1915
- Illinois State Bank of Quincy v. PedersenMissouri Court of Appeals · 1961
- Security Bank & Trust Co. v. FosterCourt of Appeals of Texas · 1923
- Simpson v. DrakeTennessee Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.