Peltz v. Long
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The court at request of respondent gave the following instructions : 1. Although it appear that the plaintiff holds the note in question for collection merely, he is still entitled to bring suit upon the same and recover thereon, provided the payees thereof were so entitled. 2. Although the jury believe from the evidence that a portion of the consideration of the note in question was “pretended paper money called Confederate notes or…
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Appeal from St. Louis Circuit Court. The court at request of respondent gave the following instructions : 1. Although it appear that the plaintiff holds the note in question for collection merely, he is still entitled to bring suit upon the same and recover thereon, provided the payees thereof were so entitled. 2. Although the jury believe from the evidence that a portion of the consideration of the note in question was “pretended paper money called Confederate notes or bonds,” and that the same were void in law, and finally became worthless in fact, still the plaintiff is entitled to recover…
1Opinion of the CourtWagner, Judge
This was an action commenced in the court below on a promissory note made in New Orleans on the 20 th of March, 1862, by Long to the firm of Austin, Goodwyn & Go., for the sum of $2,323.03, and by them assigned to Peltz, the respondent. It is admitted that the note was assigned after maturity and merely for collection, and that Austin, Goodwyn & Co. are the real parties in interest, and no question arises in regard to the rights of the endorsee.
The defence set up is that part of the consideration given *537for the note was Confederate money issued by authority of the States lately in rebellion,…
2Cases cited1 opinion
- Schmidt v. BarkerSupreme Court of Louisiana · 1865
3Cited by7 opinions
- In Re RahnSupreme Court of Missouri · 1927
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
- MacDonald v. WagnerMissouri Court of Appeals · 1878
- Calfee v. BurgessWest Virginia Supreme Court · 1869
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