Bennett v. Pound
Supreme Court of Missouri
Appeal from Newton Circuit Cowrt. The facts sufficiently appear in the opinion of the court. I. The court erred in permitting the note to be read in evidence. The note was endorsed in blank and said blank was not filled up. The same rule does not apply as in case of negotiable paper. The holder of a non-negotiable note with a blank endorsement thereon can not maintain an action thereon in his own name without filling up the blank. (8 Mo. 9.)
1Opinion of the CourtRichardson, Judge
Cloud and Graham were the owners of a non-negotiable promissory note, which had been executed to them by the defendants, and being indebted to the plaintiffs they endorsed the note in blank and delivered it to plaintiffs’ agent in satisfaction of their debt. The plaintiffs then instituted a suit upon it against the defendants and alleged in their petition that the note had been assigned by endorsement and delivered to them by the payees, and that they were the owners and holders thereof. The blank endorsement was never filled up by an assignment to the plaintiffs, and the only question is…
2Cases cited1 opinion
- Boeka v. NuellaSupreme Court of Missouri · 1859
3Cited by6 opinions
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Spears v. BondSupreme Court of Missouri · 1883
- Lowrey v. DanforthMissouri Court of Appeals · 1902
- Davis v. CarsonSupreme Court of Missouri · 1879
- Willison v. SmithMissouri Court of Appeals · 1892
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