Merchants National Bank v. Brisch
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Eon. L. B. Wooclside, Judge. (1) The question in this case to' he determined is, was the plaintiff an innocent purchaser for value before maturity without notice of any fraud in the inception of the contract, and if so then it is entitled to recover. Jennings v. Todd, 118 Mo. 296. (2) There was no fraud in the procurement of the note sued on. Bank v. Brisch, 110 Mo.
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Appeal from Phelps Circuit Court. — Eon. L. B. Wooclside, Judge. (1) The question in this case to' he determined is, was the plaintiff an innocent purchaser for value before maturity without notice of any fraud in the inception of the contract, and if so then it is entitled to recover. Jennings v. Todd, 118 Mo. 296. (2) There was no fraud in the procurement of the note sued on. Bank v. Brisch, 110 Mo. App. 216. (3) The consideration of negotiable paper in the hands of a bona fide holder for value before maturity cannot be inquired into, mala tides alone can open the door to such inquiry, even…
1Opinion of the CourtGray, J.
This is a suit ón a note, for $630, bearing interest at the rate of six percent per annum, payable annually, dated June 12, 1905, and due on or before the 1st day of October, 1907, signed by the defendants and payable.to Russell & Company, and by that company endorsed to plaintiff on the 9th day of February, 1907.
The cause is on its second visit to this court. By reference to our former opinion in the 140 Mo. App. 246, 124 S. W. 76, the nature of the case will be ascertained.
At the last trial, the alleged written contract for the purchase of the machinery for which the note was given, was…
2Cases cited12 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- National Bank of North America v. KirbyMassachusetts Supreme Judicial Court · 1871
- McGhee v. BellSupreme Court of Missouri · 1902
- First National Bank of St. Paul v. County CommissionersSupreme Court of Minnesota · 1869
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3Cited by11 opinions
- Taylor v. American National BankSupreme Court of Florida · 1912
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- George v. SurkampSupreme Court of Missouri · 1934
- Ely v. SuttonMissouri Court of Appeals · 1913
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