Downs v. Horton
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Eon. Guy D. Kirby, Judge. (1) Under the law merchant, which has become a part of the common law, when the defendant makes proof which establishes prima-facie that he is a holder in due course, the burden of proof then shifts back to the defendants to show actual knowledge on the part of the defendant of facts which would destroy his right to recover, and in the absence of such proof by defendants, plaintiff is entitled to a peremptory…
Read the full summary
Appeal from Greene Circuit Court. — Eon. Guy D. Kirby, Judge. (1) Under the law merchant, which has become a part of the common law, when the defendant makes proof which establishes prima-facie that he is a holder in due course, the burden of proof then shifts back to the defendants to show actual knowledge on the part of the defendant of facts which would destroy his right to recover, and in the absence of such proof by defendants, plaintiff is entitled to a peremptory instruction. Daniel on Negotiable Instruments (2 Ed.), sec. 819; 3 R. C. L. sec. 245, p. 1041; 8 C. J. sec. 1295, pp.…
1Opinion of the Court
This case comes to us upon certification by the Springfield Court of Appeals. The opinion written by the presiding judge of that court, in which both of his associates concurred, is as follows: "This is a suit on a promissory note given by defendants to T.P. Tuck Company in payment of a horse. The plaintiff sues as a purchaser for value of said note and, having lost in the trial court, appeals the case here claiming to be an innocent purchaser for value.
"The horse in question was purchased by defendants who were farmers living near Mountain Grove, Missouri, for breeding purposes, each…
2Cases cited41 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Guthrie v. HolmesSupreme Court of Missouri · 1917
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Henry v. SneedSupreme Court of Missouri · 1889
- Jennings v. ToddSupreme Court of Missouri · 1893
36 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- Haynes v. Unemployment Compensation CommissionSupreme Court of Missouri · 1944
- Jerke v. Delmont State BankSouth Dakota Supreme Court · 1929
- Bond v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
- Griffith v. Continental Casualty Co.Supreme Court of Missouri · 1923
60 more not listed; retrieve them via the Exa API.