Buck v. Harris
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. William H. Martin, Judge. (1) The note was properly indorsed and transferred to appellant. Mayer v. Old, 57 Mo. App. 639; Bank y. Stoneware Co., 4 Mo, App. 276; Bank v. Fesler, 89 Mo. App. 217. (2) The note is a negotiable promissory note. Randolph on Com. Paper, sec. 2.01; Daniel on Neg. Inst. (4 Ed.), sec. 54; Bank v. Goode, 44 Mo. App, 129; Hill v. Todd, 29 111. 101; Nicely v. Bank, 18 Ind.
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Appeal from Cooper Circuit Court. — Hon. William H. Martin, Judge. (1) The note was properly indorsed and transferred to appellant. Mayer v. Old, 57 Mo. App. 639; Bank y. Stoneware Co., 4 Mo, App. 276; Bank v. Fesler, 89 Mo. App. 217. (2) The note is a negotiable promissory note. Randolph on Com. Paper, sec. 2.01; Daniel on Neg. Inst. (4 Ed.), sec. 54; Bank v. Goode, 44 Mo. App, 129; Hill v. Todd, 29 111. 101; Nicely v. Bank, 18 Ind. App. 30; Clauser v. Stone, 29 111. 114. (3) In the promissory notes, discussed in law books, the word “collection” is invariably associated with some other word…
1Opinion of the CourtEllison, J.
This is an action on what is alleged to be a negotiable promissory note of which plaintiff was endorsee. The judgment in the circuit court was for the defendant. It is not necessary to make any further statement of the case than that if the instrument is considered not to be a negotiable note, plaintiff cannot recover, for the reason that defendant made payment thereof to the payees, without notice of its having been transferred to plaintiff. It reads as follows:
“75.00 Kansas City, Mo., Jan. 19th, 1904.
“Twelve months after date I promise to pay to the order of Martin & Vernon Music Co.,…
2Cases cited7 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- First National Bank v. MarlowSupreme Court of Missouri · 1880
- Samstag v. ConleySupreme Court of Missouri · 1877
- First National Bank v. JacobsSupreme Court of Missouri · 1880
- King v. Jefferson City School BoardSupreme Court of Missouri · 1880
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