Ziehme v. Harris
Missouri Court of Appeals
Appeal from Howell Circuit Court. — lion. W. N. Evans, Judge. (1) The consideration of negotiable paper in the hands of a bona fide holder for value before maturity cannot be inquired into; mala fides alone can open the door to such inquiry. Gross negligence is not sufficient, but actual notice of the facts which impeach the validity of the notes must be brought home to the holder.
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Appeal from Howell Circuit Court. — lion. W. N. Evans, Judge. (1) The consideration of negotiable paper in the hands of a bona fide holder for value before maturity cannot be inquired into; mala fides alone can open the door to such inquiry. Gross negligence is not sufficient, but actual notice of the facts which impeach the validity of the notes must be brought home to the holder. Mays v. Robinson, 93 Mo. 114. (2) This case is on all fours Avith the cases cited below and is conclusive. Bank v. Hammond, 104 Mo. App. 403; Wilson v. Riddler, 92 Mo. App. 335; Hahn v. Bradley, 92 Mo. App. 399;…
1Opinion of the CourtBland, P. J.
The action is on two promissory notes for $52.77 each, and was commenced before a justice of the peace. The verdict in the justice’s court was for defendants. Plaintiff appealed to the circuit court, where on a trial de novo the verdict was again for defendants. The evidence shows that defendants are small, inexperienced and unsophisticated country merchants at Hutton Valley, in Howell county, Missouri; that about the first of October, 1906, an agent or salesman of the St. Louis Jewelry Company appeared at defendants’ store and offered to sell them a certain quantity of jewelry for $210,…
2Cited by1 opinion
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