Brown v. Hoffelmeyer
Missouri Court of Appeals
Appeal from the Andrew Circuit Court. — Hon. W. S. Herndon, Judge. (1) The holder of a negotiable note who bought for value before maturity and without actual notice, can recover upon it, although he took the same under circumstances that would have excited the suspicion of a prudent man. Nothing short of a mala fides in the holder can defeat his recovery. Even gross negligence will not defeat such a title.
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Appeal from the Andrew Circuit Court. — Hon. W. S. Herndon, Judge. (1) The holder of a negotiable note who bought for value before maturity and without actual notice, can recover upon it, although he took the same under circumstances that would have excited the suspicion of a prudent man. Nothing short of a mala fides in the holder can defeat his recovery. Even gross negligence will not defeat such a title. Hamilton v. Marks, 63 Mo. 167; Johnson v. McMurray, 72 Mo. loc. cit. 282; Mfg. Co. v. Dickson, 70 Mo. loc. cit. 274; Jennings v. Todd, 118 Mo. 303; Donovan v. Fox, 121 Mo. loc. cit. 247;…
1Opinion of the CourtEllison, J.
— This action is by an indorsee of two negotiable promissory notes. The judgment in the trial court was for defendant.
Bexecuüon”]ñc-s: dorsee: knowledge of fraud: evidence The notes, as claimed by plaintiff, were given to one Wallace for a patent stock feed cooker and indorsed to plaintiff by Wallace for value before due in the ordinary course of commercial business. Defendant denied the execution of , . , n _»i rm • i the notes under oath. The evidence established, we will not say conclusively, though it approached conclusiveness very closely, that defendant signed the notes. He may have…
2Cases cited14 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Parker v. . ConnerNew York Court of Appeals · 1883
- Jennings v. ToddSupreme Court of Missouri · 1893
- Mayes v. RobinsonSupreme Court of Missouri · 1887
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3Cited by7 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Link v. JacksonMissouri Court of Appeals · 1911
- Local Finance Company v. CharltonMissouri Court of Appeals · 1956
- National Bank v. RomineeMissouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.