Legal Opinion

Whittemore v. Obear

Supreme Court of Missouri

Decided October 15, 1874PublishedCited by 1 opinion

Jlppeal from St. Louis Circuit Court. I. The contract was joint, and all creditors are affected by the frauds of the others. The receipt of a cash bonus by some of the creditors was a fraud which avoided the whole agreement. (Donghty vs. Savage, 28 Conn., 146; 42 Mo., 403; 1 Sto.

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Jlppeal from St. Louis Circuit Court. I. The contract was joint, and all creditors are affected by the frauds of the others. The receipt of a cash bonus by some of the creditors was a fraud which avoided the whole agreement. (Donghty vs. Savage, 28 Conn., 146; 42 Mo., 403; 1 Sto. Eq., 10 Ed., 324, 378, 379.) Although plaintiffs themselves received no bonus, still the fraudulent conduct of other creditors in so doing, gave plaintiffs the power to rescind the whole agreement; a fortiori if plaintiffs could the indorser could. (Pendlebury vs. Walker, 4 Younge & Collin, 440; Sullivan vs. Collier…

1Opinion of the CourtNapton, Judge

This is an action by Whittemore & Co. upon a negotiable note signed by Chas. Beardslee Bros. & Co., and dated June 10,1870, for $888.31, payable twelve months after date, at the National Park Bank, New York, indorsed by Chas. Beardslee Bros. & Co., and E. G. Obear & Co., and protested for non-payment.

The defense against the note, by the defendants, Obear & Co., is substantially this : In the spring of 1870, the firm of Chas. Beardslee Bros. & Co. was in a tottering condition, and negotiation was set on foot with their creditors, to bring about a composition, and avoid bankruptcy. The New York…

2Cases cited3 opinions

  1. Smith v. County of ClarkSupreme Court of Missouri · 1873
  2. Ayres v. MilroySupreme Court of Missouri · 1873
  3. Quinn v. HardSupreme Court of Vermont · 1871

3Cited by1 opinion

  1. Leonard v. MarshallU.S. Circuit Court for the District of Western Missouri · 1897

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