Mayer v. Old
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hookadat, Judge. (1) In an action by the indorsee against the maker of a note, the indorsement of the payee must be proved. 2 Parsons on Notes and Bills [2 Ed.], p. 485; Bank v. Pennington, 42 Mo. App. 355. (2) And where a note is presented, purporting on its face to have been indorsed by an agent, the agent’s authority must be shown. Union Sav. Ass’n et al. v. Biebold, 1 Mo.
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Appeal from the Boone Circuit Court. — Hon. John A. Hookadat, Judge. (1) In an action by the indorsee against the maker of a note, the indorsement of the payee must be proved. 2 Parsons on Notes and Bills [2 Ed.], p. 485; Bank v. Pennington, 42 Mo. App. 355. (2) And where a note is presented, purporting on its face to have been indorsed by an agent, the agent’s authority must be shown. Union Sav. Ass’n et al. v. Biebold, 1 Mo. App. 323; Choutou et al. v. Filly, 50 Mo. 174; Stone v. Palmer, 28 Mo. 539. (3) There could be no legal transfer of the note without the assent of the holder.…
1Opinion of the CourtSmith, P. J.
— This is a'suit on a promissory note made by John E. Rucker, principal, and the defendant as surety, for $200 payable one day after the date thereof, to the order of the Sturgeon Lodge A. E. &. A. M. , No. 174, which said note was alleged in the petition to have been assigned by said Lodge to D. A. Mayer & Bro., for value received and by the latter sold and delivered to plaintiff, the present legal owner and holder thereof. The answer admitted the execution of the note but put in issue the assignment. It further pleaded that said lodge was an unincorporated association of which plaintiff and…
2Cases cited16 opinions
- Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Fulkerson v. ThorntonSupreme Court of Missouri · 1878
- Johnson v. HurleySupreme Court of Missouri · 1893
- Messimer v. McCraySupreme Court of Missouri · 1893
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3Cited by3 opinions
- Kregain v. BlakeSupreme Court of Missouri · 1922
- Young v. GausMissouri Court of Appeals · 1908
- Wisdom v. ShanklinMissouri Court of Appeals · 1898