Crawford v. Spencer
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. Jno. W. Emerson, Judge. It is hardly necessary to cite authorities to prove that, being a member of the exchange, respondent is charged with notice of its rules. Morawetz on Corp., ■sec. 870, and cas. cit. in note; :Simeral v. Ins. Co., 18 la. 322; Coles v. Ins. Co., 18 la. 431; Mitchell v. Ins..
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Appeal from Jefferson Circuit Court. — Hon. Jno. W. Emerson, Judge. It is hardly necessary to cite authorities to prove that, being a member of the exchange, respondent is charged with notice of its rules. Morawetz on Corp., ■sec. 870, and cas. cit. in note; :Simeral v. Ins. Co., 18 la. 322; Coles v. Ins. Co., 18 la. 431; Mitchell v. Ins.. Co., 51 Pa. 402. We do not believe that any authority can be shown where a court of equity would undertake to require an innocent third holder of negotiable paper, for value, to surrender the same up for cancellation. Judge Treat, in the case of Bank v.…
1Opinion of the CourtBlack, J.
The plaintiff brought this suit to enjoin the proposed sale of real estate, under a deed of trust, *503given by Mm to secure his note, dated the Mnth of November, 1881, for five thousand dollars, due in one hundred days, and payable to the order of Harlow, Spencer & Company. The members of this firm were made defendants, by the petition, but it appearing that the note had been assigned to D. R. Francis & Brother, .the members of that firm were brought in by amendment, and the suit proceeded against all these parties, and the trustee, to a final decree, as prayed for by the plaintiff.
The ground…
2Cases cited5 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Logan v. SmithSupreme Court of Missouri · 1876
- Williams v. WallSupreme Court of Missouri · 1875
- Deere v. MarsdenSupreme Court of Missouri · 1885
- Cockrell v. ThompsonSupreme Court of Missouri · 1885
3Cited by55 opinions
- Pope v. HankeIllinois Supreme Court · 1894
- Sondheim v. GilbertIndiana Supreme Court · 1888
- State Bank v. FrameSupreme Court of Missouri · 1892
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Loewen v. ForseeSupreme Court of Missouri · 1897
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