Koen v. Miller
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. This is an action by an assignee of a note and mortgage against the maker to recover judgment upon the note and to foreclose a mortgage given upon real estate to secure the same. The maker relied upon the defense of payment to defeat the action.
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Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. This is an action by an assignee of a note and mortgage against the maker to recover judgment upon the note and to foreclose a mortgage given upon real estate to secure the same. The maker relied upon the defense of payment to defeat the action. The evidence on the part of the plaintiff, B. L. Miller, tends to show a state of facts substantially as follows: On the 18th day of April, 1908, the defendant, F. B. Koen, executed a negotiable promissory note to the Bank of Siloam for $2,200. The note was due…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is conceded that the Bank of Siloam had no express authority-to collect the principal of the note and mortgage involved in this suit. The evidence shows that the note was negotiable, and that the note and mortgage were assigned to the plaintiff for value before the maturity thereof, and that the Bank of Siloam, the payee of the note, did not have the note and mortgage in its possession after the assignment thereof.
In the case of Winer v. Bank of Blytheville, 89 Ark. 435, we held: “If the maker of a negotiable note pays the same to the payee, who is not…
2Cases cited8 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Bartel v. BrownWisconsin Supreme Court · 1899
- Joy v. VanceMichigan Supreme Court · 1895
- Winer v. Bank of BlythevilleSupreme Court of Arkansas · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Cogswell v. CannadySupreme Court of South Carolina · 1926
- Cureton v. Farmers' State BankSupreme Court of Arkansas · 1921
- Coffin v. Planters Cotton Co.Supreme Court of Arkansas · 1916
- Calhoun v. AinsworthSupreme Court of Arkansas · 1915
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