Bates v. Forcht
Supreme Court of Missouri
Appeal from, Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The proof was conclusive and uncontradicted that plaintiffs were holders of the note by indorsement before due for full value, and without notice of any infirmities, and unless the note was a forgery, the plaintiff ought to have recovered. (2) The stipulation of the articles of partnership read in evidence should have been excluded. It could not affect third parties without notice.
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Appeal from, Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The proof was conclusive and uncontradicted that plaintiffs were holders of the note by indorsement before due for full value, and without notice of any infirmities, and unless the note was a forgery, the plaintiff ought to have recovered. (2) The stipulation of the articles of partnership read in evidence should have been excluded. It could not affect third parties without notice. (3) T. G. Sharp’s habits, and his silence as to the note did not tend to prove, as against strangers, that he did not sign it, and the evidence on…
1Opinion of the CourtNorton, J.
This action was brought to the May term, 1882, of the Macon circuit court, by petition in the usual form, on a note, of which the following is a copy:
*124“3,000.00. Macon, Mo., July 20, 1881.
“Pour months alter date, lor value received, we promise to pay to the order of Macon Savings Bank, three thousand dollars, with 8 per cent, interest from maturity, the interest payable annually, and if not so paid, to become principal, and bear the same rate of interest.
“Payable at the office of the Macon Savings Bank, Nov. 20, 1884.
“[Signed] T. Gr. Sharp & Co.
“No. 7681.”
Across the face was written:
“…
2Cases cited2 opinions
- Porter v. JonesSupreme Court of Missouri · 1873
- Boatmens' Savings Institution v. ForbesSupreme Court of Missouri · 1873
3Cited by19 opinions
- Lynn v. HookadaySupreme Court of Missouri · 1901
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- State Ex Rel. Thomas v. DauesSupreme Court of Missouri · 1926
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
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