Johnson County Savings Bank v. Mills
Missouri Court of Appeals
Appeal from Greene Circuit Court, — Hon. Alfred Page, Judge. (1) It devolves upon defendant to establish the failure of consideration, or fraud and the knowledge thereof, on part of the plaintiff before or at the time of such purchase. Hahn v. Bradley, 92 Mo. App. 399; 7 Cyc. 943. (2) Failure of consideration is no defense, if instrument is in the hands of a person who received it in “due course.” Neg. Inst.
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Appeal from Greene Circuit Court, — Hon. Alfred Page, Judge. (1) It devolves upon defendant to establish the failure of consideration, or fraud and the knowledge thereof, on part of the plaintiff before or at the time of such purchase. Hahn v. Bradley, 92 Mo. App. 399; 7 Cyc. 943. (2) Failure of consideration is no defense, if instrument is in the hands of a person who received it in “due course.” Neg. Inst. Law, secs. 28, 57. (3) The court erred in overruling plaintiff’s motion for new trial, because the verdict was against the evidence, and for ithe wrong party, and contrary to the weight…
1Opinion of the CourtNixon, P. J.
This was an action wherein the Johnson County Savings Bank, a corporation, was plaintiff, and J. J. Mills was defendant, founded on five bills of exchange, dated July 12, 1907, for forty-eight dollars each, payable to the Rhode Island Manufacturing Company, a co-partnership, or order, drawn on and accepted by J. J. Mills, and sold and delivered by the Rhode Island Manufacturing Company to the plaintiff, Johnson County Savings Bank, on September 5, 1907.
The case was first tried before a justice of the peace in Douglas county where a verdict was found for the defendant. After an appeal to the…
2Cases cited2 opinions
- Bank of Ozark v. HanksMissouri Court of Appeals · 1910
- Johnson v. DalrympleMissouri Court of Appeals · 1909
3Cited by6 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Hill v. DillonMissouri Court of Appeals · 1913
- Birch Tree State Bank v. DowlerMissouri Court of Appeals · 1912
- Marts v. PowellMissouri Court of Appeals · 1913
- Miller v. Peoples Saving BankMissouri Court of Appeals · 1916
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