Rider v. Culp
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Flit craft, Judge. An indorsee of a promissory note, transferred, even after maturity, takes it divested of all rights and claims arising out of independent transactions. Unsold v. Stevenson, 33 Mo. 163; Mattoon v. McDaniel, 34 Id. 140; Arnot v. Woodburn, 35 Id. 101-103; Knous v. Given, 110 Id. 58; Hyd v. Basel, 43 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Flit craft, Judge. An indorsee of a promissory note, transferred, even after maturity, takes it divested of all rights and claims arising out of independent transactions. Unsold v. Stevenson, 33 Mo. 163; Mattoon v. McDaniel, 34 Id. 140; Arnot v. Woodburn, 35 Id. 101-103; Knous v. Given, 110 Id. 58; Hyd v. Basel, 43 Mo. App. 670. Evidence tending to prove an agreement on part of L. S. Rider to allow Culp $250 as compensation for his services to go on the note as a payment, was not competent evidence under a plea of payment. 2…
1Opinion of the CourtBiggs, J.
This action was begun before a justice of the peace. The plaintiff sues as the indorsee of a negotiable note which was executed by the defendants and made payable to L. S. Rider, the plaintiff’s husband. The note is for $250, is dated April 10, 1891, and matured October 10, following. The plaintiff claims to be the purchaser and indorser of the note before its maturity. The .defense which was made orally is to the effect that the alleged purchase of the note by the plaintiff was after its maturity; that on of the day before the note matured, to wit, October.9 or 10,1891, and while L. S. Rider…
2Cases cited4 opinions
- Brownlee v. FenwickSupreme Court of Missouri · 1890
- O'Bryan v. AllenSupreme Court of Missouri · 1888
- Ulsch v. MullerMassachusetts Supreme Judicial Court · 1887
- McKee v. SpiroSupreme Court of Missouri · 1891
3Cited by4 opinions
- McCormick v. ObanionMissouri Court of Appeals · 1913
- Vance v. McHughMissouri Court of Appeals · 1915
- Winfrey v. MatthewsMissouri Court of Appeals · 1913
- Osage Land Co. v. Kansas CitySupreme Court of Missouri · 1945