Hays, Winterbower & Sims v. Odom
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hookaday, Judge. (1) The note sued on is payable to the firm of Hays, Winterbower & Sims, of which these plaintiffs are the surviving partners.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hookaday, Judge. (1) The note sued on is payable to the firm of Hays, Winterbower & Sims, of which these plaintiffs are the surviving partners. It was affirmatively shown that no steps had been taken to administer the partnership estate under the statute, hence plaintiffs were entitled to maintain the suit as such surviving partners, and the court could not properly deny their right to go to the jury on the ground that they failed to show title to the note. Hargadine v. Gibbons, 45 Mo. App. 460; Matney v. Gregg Bros., 19 Mo. App. 107; Bredow…
1Opinion of the CourtEllison, J.
This action is on a promissory note. A demurrer to plaintiffs’ evidence was sustained, the jury discharged and judgment entered for defendant.
Defendant executed the note to the partnership of Hays, Winterbower & Sims. The rate of interest and whether from date or maturity, were left blank when the note was delivered by defendant. Plaintiffs placed the note in the hands of Bedwell, a justice of the peace, for collection. It seems the note was first put in his hands unofficially and merely as a collecting agent, and that afterwards it was placed in his hands for suit. While in his hands, either…
2Cases cited3 opinions
- Bredow v. Mutual Savings InstitutionSupreme Court of Missouri · 1859
- Lubbering v. KohlbrecherSupreme Court of Missouri · 1856
- Hargadine v. GibbonsMissouri Court of Appeals · 1891
3Cited by3 opinions
- Household Finance Company, Inc. v. WatsonMissouri Court of Appeals · 1975
- Murphy v. HolliwayMissouri Court of Appeals · 1929
- Bank of Flat River v. WaltonMissouri Court of Appeals · 1915