Grier v. Hinman
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court, Edwards, J. The assignee of an overdue note takes it subject to all the equities in favor of the maker against the assignor. — Livermore v. Blood, 40 Mo. 48 ; Ohappell v. Allen, 38 Mo. 213 ; Farris v. Catlett, 32 Mo. 469 ; Wheeler v. Barrett, 20 Mo. 573 %. Hippy v. Hippy, 46 Mo. 571. McPherson v. Meek, 30 Mo. 345 ; Johnson v. Beasley, 65 Mo. 250 ; Wevne v. Kenyon, 66 Mo. 275.
1Opinion of the CourtHayden, J.
This is an action brought to enjoin a suit at law. The plaintiff made and delivered in April, 1877, to Friedrich, sheriff of St. Charles County, a promissory note for $140.90, which note was given for property bought by the plaintiff at a sheriff’s sale under an attachment proceeding brought by the plaintiff against one Fox, since deceased, for the purpose of enforcing a landlord’s lien for rent. This suit was dismissed, and the petition avers that the estate of Fox still owes the debt. After the maturity of the note it was assigned to Hinman, who, in April, 1878, brought suit on it before a…
2Cases cited5 opinions
- Chappell v. AllenSupreme Court of Missouri · 1866
- Gullett v. Hoy & OrtonSupreme Court of Missouri · 1852
- Wheeler v. BarretSupreme Court of Missouri · 1855
- Haeussler v. GreeneMissouri Court of Appeals · 1880
- Farris v. CatlettSupreme Court of Missouri · 1862
3Cited by3 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Cutler v. CookSupreme Court of Missouri · 1883
- Gemmell v. HuebenMissouri Court of Appeals · 1897