Reinhard v. Dorsey Coal Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. Fisi-ier & Rowell, of counsel: The holder of a note is, prima facie, the owner, only when the note is made payable to “bearer,” or where the indorsement is admitted, or is -treated as having been proved. LaQTiance v. Loeblein, 15 Mo. App. 460; Orille v. Loxon, 7 Mo. App. 97. The indorsement of the payee must be duly proved to have been made. Union Savings Ass’n v. Diebold, 1 Mo.
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Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. Fisi-ier & Rowell, of counsel: The holder of a note is, prima facie, the owner, only when the note is made payable to “bearer,” or where the indorsement is admitted, or is -treated as having been proved. LaQTiance v. Loeblein, 15 Mo. App. 460; Orille v. Loxon, 7 Mo. App. 97. The indorsement of the payee must be duly proved to have been made. Union Savings Ass’n v. Diebold, 1 Mo. App. 323. The plaintiffs have no title as indorsees. Patterson v. Gave, 61 Mo. 439 ; Daniels Neg. Inst. [3d Ed.] sect. 729. The holder of a note is,…
1Opinion of the CourtBombatter, J.
This is an action on a negotiable promissory note, by the holders, who claim to be indorsees for value before maturity, against the maker. The note is payable to the order of Henry Fink & Son, and bears on the reverse side the endorsement: “Hy. Fink & Son,” written thereon in the presence of the plaintiffs, under the circumstances hereinafter stated.
There was a judgment for the plaintiffs in the trial court, and three points are presented for our consideration upon this appeal: (1) Whether the court admitted illegal testimony offered by the plaintiffs. (2) Whether the court erred in refusing…
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2Cases cited3 opinions
- Spears v. BondSupreme Court of Missouri · 1883
- Fitzgerald v. BarkerSupreme Court of Missouri · 1884
- Vastine v. WildingSupreme Court of Missouri · 1869
3Cited by8 opinions
- Worrell v. RobertsMissouri Court of Appeals · 1894
- National Bank of Commerce v. PenningtonMissouri Court of Appeals · 1890
- State ex rel. Mackey v. ThompsonMissouri Court of Appeals · 1899
- Mayer v. OldMissouri Court of Appeals · 1892
- Marks v. MunsonSupreme Court of Colorado · 1915
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