Hook v. Murdoch
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. I. If the negotiable instrument be lost, there can be no remedy upon it at law, unless it was in such a state that no person but the plaintiff could have acquired a right to sue thereon; otherwise the defendant would be in danger of paying twice: therefore, wherever the danger of a double liability exists, as in the case of a bill or note, actually negotiated in blank, which has been lost or stolen, the claim of the former endorsee…
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Error to St. Louis Court of Common Pleas. I. If the negotiable instrument be lost, there can be no remedy upon it at law, unless it was in such a state that no person but the plaintiff could have acquired a right to sue thereon; otherwise the defendant would be in danger of paying twice: therefore, wherever the danger of a double liability exists, as in the case of a bill or note, actually negotiated in blank, which has been lost or stolen, the claim of the former endorsee or holder has been rejected. On the other hand, if there be no danger that the defendant will ever be made liable, as if…
1Opinion of the CourtWagner, Judge
This was a suit instituted ,on a promissory note by plaintiff, who claims to be public administrator of Callaway County, and in that capacity has in charge the assets belonging to the estate of Martha T. Dyer, deceased. The petition alleged that the note was executed by the defendants Murdoch & Dickson to the plaintiff’s intestate, on the 1st day of June, 1859; that Martha T. Dyer died on the 27th day of July, 1862, still possessed of the note; and as an excuse for not filing the note with the petition, there was an averment that the said note was wrongfully withheld and retained from the…
2Cases cited1 opinion
- McCormick v. KenyonSupreme Court of Missouri · 1850
3Cited by5 opinions
- Hannibal & St. Joseph Railroad v. KnudsonSupreme Court of Missouri · 1876
- Workman v. CampbellSupreme Court of Missouri · 1870
- Peake v. BellSupreme Court of Missouri · 1877
- Bank of Commerce v. HoeberMissouri Court of Appeals · 1879
- McHoney v. German InsuranceMissouri Court of Appeals · 1889