Neuhoff v. O'Reilly
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) John Dwyer, as administrator of Margaret Dwyer, had no authority to sell the noté in controversy to the respondent, and his attempted sale passed no title. 1 Wagner’s Statutes, sec. 10; R. S., sec. 212; Wolff v. Berning, 74 Mo. 96. (2) As the respondent acquired no title to the note in controversy, and the agreed facts show that he converted it to his own use, the appellant is entitled to maintain the…
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Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) John Dwyer, as administrator of Margaret Dwyer, had no authority to sell the noté in controversy to the respondent, and his attempted sale passed no title. 1 Wagner’s Statutes, sec. 10; R. S., sec. 212; Wolff v. Berning, 74 Mo. 96. (2) As the respondent acquired no title to the note in controversy, and the agreed facts show that he converted it to his own use, the appellant is entitled to maintain the present action. (a) At once, upon the delivery of the note by Dwyer to the respondent, Dwyer, as administrator, could…
1Opinion of the CourtNorton, C. J.
This'case was tried in the circuit court of the city of St. Louis on the following agreed statement of facts:
Margaret Dwyer died intestate December 20, 1874, owning a note of which the following is a copy, to-wit:
“St. Louis, Mo., December 15, 1871.
“One year after date we promise to pay to the order of James Clements, two thousand dollars, for value received, negotiable and payable without defalcation or discount, at the office of M. B. O’Reilly and Bernard J. O’Reilly, St. Louis, Missouri, with interest at the rate of ten per cent, per annum after maturity.
“Frank X. McCabe,
‘‘ Elizabeth T.…
2Cases cited2 opinions
- International Bank v. German BankSupreme Court of Missouri · 1879
- Lee v. TurnerSupreme Court of Missouri · 1886
3Cited by17 opinions
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Gardner v. Beacon Trust Co.Massachusetts Supreme Judicial Court · 1906
- Baade v. CramerSupreme Court of Missouri · 1919
- Edmonson v. WaterstonSupreme Court of Missouri · 1938
- Turner v. HoyleSupreme Court of Missouri · 1888
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