Banister v. Kenton
Missouri Court of Appeals
Appeal from, the Ray Circuit Court — Hon. James M. Sandusky, Judge. (1) All actions must be prosecuted in the name of the real party in interest, except suits instituted by administrators, executors, trustees or persons expressly authorized by statute. R. S. 1889, secs. 1990, 1991 ; Grocery Co. v. Crow, 36 Mo. App. 293. (2) One receiving negotiable paper, as collateral security for indemnity, is not necessarily a holder for value. Tiedeman on Com.
Read the full summary
Appeal from, the Ray Circuit Court — Hon. James M. Sandusky, Judge. (1) All actions must be prosecuted in the name of the real party in interest, except suits instituted by administrators, executors, trustees or persons expressly authorized by statute. R. S. 1889, secs. 1990, 1991 ; Grocery Co. v. Crow, 36 Mo. App. 293. (2) One receiving negotiable paper, as collateral security for indemnity, is not necessarily a holder for value. Tiedeman on Com. Paper, sec. 168, p. 275, and cases cited; Jones on Pledges, sec. 117, p. 85, and cases cited ; Goodman v. Simmons, 19 Mo. 106 ; Branard v. Reaves,…
1Opinion of the CourtSmith, P. J.
This was a suit upon a promissory note brought before a justice of the peace. In the circuit court the plaintiff had judgment and the defendant appealed. It appears from the record that the defendant executed the note sued on to Neville who assigned it by his indorsement thereon to J. T. Banister to secure the latter against a contingent liability, i. e. becoming the security of the former on a note to the bank. While these parties were thus related in respect to the transaction, Banister died, and the plaintiff was appointed his administrator. After the death of Banister, Neville paid his…
2Cases cited6 opinions
- Shane v. LowryIndiana Supreme Court · 1874
- Bent v. PriestMissouri Court of Appeals · 1881
- Mechanics' Bank v. WrightSupreme Court of Missouri · 1873
- Saulsbury v. CorwinMissouri Court of Appeals · 1890
- McWilliams v. BridgesNebraska Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brown v. First National BankSupreme Court of Florida · 1923
- Hamlin v. HawkinsSupreme Court of Missouri · 1933
- Bick v. OverfeltMissouri Court of Appeals · 1901
- Butterworth v. BeachWyoming Supreme Court · 1923
- Costello v. FeslerMissouri Court of Appeals · 1899