Haven v. Foley & Papin
Supreme Court of Missouri
'Appeal from St. Louis Court of Common Pleas. 1. The giving, of the notes by Foley & Papin was not a satisfaction of the notes mentioned in the deed of trust. 8 Mass. Rep. 465. The transaction amounted to a purchase of the notes by Foley & Papin, and an assignment to them. The delivery of the notes to Shepard to be delivered to the appellants, amounted to an assignment of them. 13 Mass. Rep. 304. The assignment of the deed of trust was an assignment of the debt. 3 Met.
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'Appeal from St. Louis Court of Common Pleas. 1. The giving, of the notes by Foley & Papin was not a satisfaction of the notes mentioned in the deed of trust. 8 Mass. Rep. 465. The transaction amounted to a purchase of the notes by Foley & Papin, and an assignment to them. The delivery of the notes to Shepard to be delivered to the appellants, amounted to an assignment of them. 13 Mass. Rep. 304. The assignment of the deed of trust was an assignment of the debt. 3 Met. Rep. 515. 2 Pa. Rep. 379. The notes given by Foley & Papin were a satisfaction of the notes secured by the deed of trust, and…
1Opinion of the CourtGtAMBIiE, Judge
Haven claimed the personal property for which this action was brought, under a mortgage made by one James Shepard, dated August 1, 1850. The defendants, Foley & Papin, who were in possession of the property, claimed to hold possession under a deed of trust, which had been given by James Shepard on the 22d of July, 1850, to secure one Elihu H. Shepard, as his indorser, on two promissory notes, executed by James Shepard in favor of one Emerson. The answer states the de-fence, in substance, as follows : That James Shepard made the notes to Emerson; that they were indorsed by Elihu H. Shepard ;…
2Cases cited1 opinion
- Curtis v. TylerNew York Court of Chancery · 1842
3Cited by6 opinions
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- Orden v. DurhamCalifornia Supreme Court · 1868
- Burnside v. FetznerSupreme Court of Missouri · 1876
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