National Bank of Commerce v. Pennington

Missouri Court of Appeals

National Bank of Commerce v. Pennington

42 Mo. App. 355, 1890 Mo. App. LEXIS 384

CourtMissouri Court of Appeals

DecidedDecember 1, 1890

StatusPublished

Cited by10 cases

This text of 42 Mo. App. 355 (National Bank of Commerce v. Pennington) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Bank of Commerce v. Pennington, 42 Mo. App. 355, 1890 Mo. App. LEXIS 384 (Mo. Ct. App. 1890).

Pincite

Opinion

Ellison, J.

This action is based on a negotiable promissory note, plaintiff claiming to be an indorsee for value in the usual course of business before maturity. A demurrer to plaintiff’s testimony was sustained and plaintiff took a nonsuit. After an unsuccessful motion to-set same aside, it'appeals here.

The court’s action will have to be affirmed. The testimony fails to show from whom plaintiff purchased the note. The proof should show that the purchase was made from the payee or his assignee. Mechanics' Bank v. Donnell, 35 Mo. 373. The petition alleged that the note was indorsed by the payees and delivered to plaintiff. The testimony is silent as to this allegation. It should have been shown -sufficiently to raise a prima facie case. Reinhard v. Coal Co., 25 Mo. App. 350.

II. An indorsement purporting to be signed by the payees of the note was read with the note ; but an indorsement or assignment itself, unsupported by evidence aliunde, is not sufficient.

The judgment is affirmed.

All concur.

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