Bank of Polk v. Wood
Missouri Court of Appeals
Appeal from Dallas County Circuit Court. — Eon. G. E. Skinker, Judge. (1) In a suit upon a negotiable note by an assignee, wbo purchased before maturity, and tbe defendant interposes the defense of failure of consideration, the burden is on the defendant to show that plaintiff purchased with notice. Hill v. Dillon, 176 Mo.
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Appeal from Dallas County Circuit Court. — Eon. G. E. Skinker, Judge. (1) In a suit upon a negotiable note by an assignee, wbo purchased before maturity, and tbe defendant interposes the defense of failure of consideration, the burden is on the defendant to show that plaintiff purchased with notice. Hill v. Dillon, 176 Mo. App. 192. (2) There being a written guarantee in this case coupled with a contract signed by both parties providing that in case that the horse did not prove, to be a good producer, another horse should be furnished, this contract fixed the rights of the parties in relation…
1Opinion of the CourtSturgis, J.
This is a suit by plaintiff as owner of a promissory note payable to one Foote, given in part payment of a certain stallion. The defendant is the purchaser of'the horse and maker of the note. The defense is failure of consideration and that the note was obtained by misrepresentations amounting to fraud. In reply the plaintiff asserts that it purchased the note for value and in good faith before maturity and without any knowledge of any fraud in its procurement or failure of consideration. The fraudulent representations relied on are that the horse was sound *66and a sure producer, which were…
2Cases cited16 opinions
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Ireland v. ScharpenbergWashington Supreme Court · 1909
- Nichols-Shepard Co. v. RhoadmanMissouri Court of Appeals · 1905
- Gaar-Scott & Co. v. NelsonMissouri Court of Appeals · 1912
- Hill v. DillonMissouri Court of Appeals · 1913
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3Cited by20 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Dugan v. TroutMissouri Court of Appeals · 1954
- Citizens Bank of Edina v. KriegshauserMissouri Court of Appeals · 1922
- Wheat v. GossIndiana Supreme Court · 1923
- First National Bank v. CareySupreme Court of Minnesota · 1922
15 more not listed; retrieve them via the Exa API.