Thompson v. Longan
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Bichard Eihld, . Judge. (1) Where it is sought to establish the purchase of a promissory note sent to a bank in the course of collection, it must be shown not only that the proposed* purchaser had the intention to purchase instead of to pay, but that the same intention likewise existed in the mind of the holder of the note. Campbell ®. Allen, 38 Mo. App. 27; Wolff v. Walter, 56 Mo. 292; Bunn v..
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Appeal from the Pettis Circuit Court. — Hon. Bichard Eihld, . Judge. (1) Where it is sought to establish the purchase of a promissory note sent to a bank in the course of collection, it must be shown not only that the proposed* purchaser had the intention to purchase instead of to pay, but that the same intention likewise existed in the mind of the holder of the note. Campbell ®. Allen, 38 Mo. App. 27; Wolff v. Walter, 56 Mo. 292; Bunn v.. Lindsay, 95 Mo. 250; Carter v. Burr, 113 U. S. 737. (2) The assignment of a note, like any other contract, must arise from a mutual consent and agreement…
1Opinion of the CourtGill, J.
This is a suit in replevin, involving the title and right of possession to certain machinery, typé, *150etc., formerly belonging to the Sedalia Democrat Company. The real contestants are Lon V. Stephens, the holder of a junior, and John O’Day the claimant of a senior, mortgage on the property in dispute. Plaintiff Thompson is the trustee in the Stephens incumbrance,’ while defendant Longan is the trustee in the O’Day deed of trust. No question is made as to the original lona jldes of both deeds of trust. At the time the suit was brought both debts were past due, and defendant Longan, trustee in…
2Cases cited3 opinions
- Neuhoff v. O'ReillySupreme Court of Missouri · 1887
- Wolff v. WalterSupreme Court of Missouri · 1874
- Campbell v. AllenMissouri Court of Appeals · 1889
3Cited by3 opinions
- Crewse v. Shelter Mutual Insurance Co.Missouri Court of Appeals · 1985
- Prather v. HairgroveSupreme Court of Missouri · 1908
- Crewse v. Shelter Mutual Insurance Co.Missouri Court of Appeals · 1985