Gates v. Kerby
Supreme Court of Missouri
APPEAL FROM MACON CIRCUIT COURT. The court erred iu giving the plaintiff’s instructions, and also iu refusing the 1st and 3rd instructions moved by appellant ; both these instructions are sustained by the evidence in the cause. Wolf v. Cozzens, 4 Mo.
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APPEAL FROM MACON CIRCUIT COURT. The court erred iu giving the plaintiff’s instructions, and also iu refusing the 1st and 3rd instructions moved by appellant ; both these instructions are sustained by the evidence in the cause. Wolf v. Cozzens, 4 Mo. R. 431. 1. The written- assignment of the note to him, conveyed to him the legal property in the same, and such assignment being made before Gates was garnisheed, he did not at the time he was so garnisheed owe the original payee anything. 5 Mo. R. 433. 2; It appears by the record in this case, that Gates at the time he was summoned, as…
1Opinion of the CourtNapton, J.
David R. Kerby, the appellee, sued Gates by petition and summons in the Circuit Court of Macon county, at the May term, 1848, upon a note for one hundred dollars, executed by said Gates to one A. Q. Kerby on tbe 15th February, 1845, and payable the 25th December, 1847. On the hack of this note there was the following assignment. “This.the second day of *111February, 1845, I assigned the within note for value received to David R. Kerby. Asa Q. Kekby.” Upon the trial it appeared that this assignment was executed the day after the note was given — that the assignment was made in consideration of an…
2Cited by5 opinions
- Dobbins v. HydeSupreme Court of Missouri · 1865
- Kreher v. MasonMissouri Court of Appeals · 1889
- Wilson v. MurphySupreme Court of Missouri · 1870
- Green v. TimmonsMissouri Court of Appeals · 1888
- Holland v. SmitMissouri Court of Appeals · 1881