Julian v. Calkins
Supreme Court of Missouri
Appeal from Greene Probate and Common Pleas Court.—Kois. T. H. B. Lawrence, Judge. (1) The court below decided the case upon the-theory that although Daniel Ellis acted in the purchase-of the note upon the most reliable information and in. the best of faith, yet, because he was the agent of the-vendor he could not buy of the latter a doubtful claim, even though both parties knew all the facts relating to-the same. This is not the law.
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Appeal from Greene Probate and Common Pleas Court.—Kois. T. H. B. Lawrence, Judge. (1) The court below decided the case upon the-theory that although Daniel Ellis acted in the purchase-of the note upon the most reliable information and in. the best of faith, yet, because he was the agent of the-vendor he could not buy of the latter a doubtful claim, even though both parties knew all the facts relating to-the same. This is not the law. Grayson v. Weddle, 63 Mo. 524; Boehlest v. McBride, 48 Mo. 505; Kennedy v. Keaping, 34 Mo. 25; Mead «. McLauglin, 42 Mo. 198; Woodlee -v. Burch, 43 Mo. 201. (2)…
1Opinion of the Court
DeAbmond, C.
On September 11, 1870, one H. J. Lindenbower executed to Candace Calkins his negotiable promissory note for $1,000, payable in three months with ten per cent, interest. The note being assigned to S. 'T. Walkley was allowed by the probate .and common pleas court of Greene county, against Lindenbower’s •estate, and the following minute of such allowance was •endorsed upon it: “Allowed for • $1,041.70 in the fifth class of demands, this twenty-third day of February, 1871, E. D. Ott, clerk.”
Credits were afterwards entered on the back of the note, five hundred dollars in April, 1871,.…
2Cases cited4 opinions
- Ring v. JamisonSupreme Court of Missouri · 1877
- Angell v. HesterSupreme Court of Missouri · 1876
- Ford v. PhillipsSupreme Court of Missouri · 1884
- Kennerly v. ShepleySupreme Court of Missouri · 1852
3Cited by12 opinions
- Hogan v. Citizens' Railway Co.Supreme Court of Missouri · 1899
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Beckwith v. City of MaldenMissouri Court of Appeals · 1923
- Turner v. HoyleSupreme Court of Missouri · 1888
- Bishop v. ChaseSupreme Court of Missouri · 1900
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