Legal Opinion

Davis v. Carson

Supreme Court of Missouri

Decided April 15, 1879PublishedCited by 8 opinions

Appeal from Audrain Circuit Court. — Hon. Q-. Porter, J udge. The note was payable to the order of Garrard, and was never indorsed by him. cited 1 Daniel’s Bills and Notes, 494; Russell v. Swan, 16 Mass. 314; Blakely v. Grant, 6 Mass. 886; Boeka v. Nuella, 28 Mo. 280; Yaneman v. Stanchfield, 8 Minn. 518; Perkins v. Parker, 8 Mass. 117, 118; Prescott v. Hall, 17 Johns. 274; 1 Parsons Con., 357; Smith v. Sterritt, 24 Mo. 260; 2 Black.

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Appeal from Audrain Circuit Court. — Hon. Q-. Porter, J udge. The note was payable to the order of Garrard, and was never indorsed by him. cited 1 Daniel’s Bills and Notes, 494; Russell v. Swan, 16 Mass. 314; Blakely v. Grant, 6 Mass. 886; Boeka v. Nuella, 28 Mo. 280; Yaneman v. Stanchfield, 8 Minn. 518; Perkins v. Parker, 8 Mass. 117, 118; Prescott v. Hall, 17 Johns. 274; 1 Parsons Con., 357; Smith v. Sterritt, 24 Mo. 260; 2 Black. Com., 277; Benjamin on Sales, 3; 1 Addison on Con., 16; Jones v. Shorter, 1 Ga. 294; Roberts v. Waters, 9 Iowa 434; Williams v. Hathaway, 19 Pick. 387; Gamble v.…

1Opinion of the CourtHough, J.

Thomas "W". Garrard was sued in attach*610ment by Joseph W. Carson ; and S. M. Dodson, who had previously executed a promissory note to said Garrard, was summoned as garnishee. Prior to the institution of the attachment suit Garrard transferred the note by delivery to Silas W. Davis, as collateral security for a pre-existing debt. Dodson, the garnishee, answered, setting up the transfer of the note to Davis, and by leave of the court, paid into court the amount due on said note and was discharged. Davis was made a party, and asserted his claim to the proceeds of the note. Carson, the attaching…

2Cases cited5 opinions

  1. Logan v. SmithSupreme Court of Missouri · 1876
  2. Boeka v. NuellaSupreme Court of Missouri · 1859
  3. Goodman v. SimondsSupreme Court of Missouri · 1853
  4. Bennett v. PoundSupreme Court of Missouri · 1859
  5. Lewis v. Bowen's AdministratorSupreme Court of Missouri · 1859

3Cited by8 opinions

  1. Loewen v. ForseeSupreme Court of Missouri · 1897
  2. Lipscomb v. TalbottSupreme Court of Missouri · 1912
  3. Conrad v. FisherMissouri Court of Appeals · 1889
  4. Helmer v. Commercial BankNebraska Supreme Court · 1890
  5. Stover Bank v. WelpmanSupreme Court of Missouri · 1929

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