American Trust Co. v. Moore
| Decision Date | 16 March 1923 |
| Docket Number | No. 3235.,3235. |
| Citation | 248 S.W. 983 |
| Parties | AMERICAN TRUST CO. v. MOORE. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Stone County; Fred Stewart, Judge.
Action by the American Trust Company against H. M. Moore. Judgment for defendant, and plaintiff appeals. Reversed and remanded.
J. William Cook, of Crane, and Sidney Thorne Able, of St. Louis, for appellant.
Rufe Scott, of Galena, for respondent.
Plaintiff sued to recover on four trade acceptances for $59.60 each. The cause was tried to a jury; plaintiff failed to recover, and appealed.
Plaintiff claims to be an innocent purchaser for value, before maturity, and without notice of any infirmities or equities. Defendant contends that he gave the acceptances to the National Novelty Import Company for a lot of worthless jewelry, and that plaintiff is not a holder in due course. It is not necessary to state defendant's defense at length. If plaintiff is not a holder in due course, then defendant may interpose such defense as he would have against the jewelry Company. Plaintiff introduced the acceptances and read in evidence the deposition of the president and general manager of the jewelry company. By the evidence introduced plaintiff made a prima facie case. Defendant was permitted to prove a conversation one of his witnesses had with some unknown person in the office of the jewelry company in St. Louis. This conversation occurred, as we understand, long after the jewelry company claimed to have sold the acceptances, and probably after this suit was filed. This unknown person, according to defendant's witness, said that he was the secretary and treasurer of the National Novelty Import Company, and said that they were bringing' suit against Moore, and that, "We have sent to the lawyer $45 to prosecute the case;" and that this unknown person had a file of papers in his hands, and referred to these, papers when discussing the matter. Defendant's attorney, without objection, testified that in April, 1921 (two of the acceptances were then past due), Sidney Thorne Able, of counsel here for plaintiff, sent to witness This witness further said that he had at least two of these acceptances for collection.
Plaintiff's attorney Mr. Cook,...
To continue reading
Request your trial
-
Mississippi Valley Trust Co. v. Begley
... ... McDaniel, 33 Mo. 363; Atkisson ... v. Steamboat Castle Garden, 28 Mo. 124; Gorin Bank ... v. Early, 260 S.W. 480; Am. Tr. Co. v. Moore, ... 248 S.W. 983; Hunter v. Gas Engine Co., 237 S.W ... 819; Mathewson v. Larson Myers Co., 217 S.W. 609; ... Lorton v. Trail, 216 S.W ... ...
-
State ex rel. Metropolitan Life Ins. Co. v. Shain
... ... S.W. 68; Sharp v. Railroad Co., 213 Mo. 517, 111 ... S.W. 1154; Scrivner v. American Car & Foundry Co., ... 330 Mo. 408, 50 S.W.2d 1001; Phillips v. Insurance ... Co., 288 Mo ... question of hearsay evidence is American Trust Co. v ... Moore (Mo. App.), 248 S.W. 983, wherein it is held that ... in an action against the ... ...
-
State ex rel. Met. Life Ins. Co. v. Shain, 36149.
...numbered 2 as follows: "The only case cited that deals with the question of hearsay evidence is American Trust Co. v. Moore (Mo. App.), 248 S.W. 983, wherein it is held that in an action against the maker of a note the court held that it was improper to permit a stranger to testify to a con......
-
Meyer Milling Co. v. Strohfeld
... ... N.Y.S. 434; Hospital Company v. Chalmers, 157 N.Y.S ... 1000; Cheese Company v. Moore Brothers, 180 N.Y.S ... 481; Barrett v. Magner, 127 Am. St. Rep. 546, 105 ... Minn. 118, 117 ... 245; Murphy v. Jack, 142 N.Y ... 215, 40 Am. St. Rep. 590; American Trust Company v ... Moore, 248 S.W. 983; Hunter v. Gasoline Engine ... Company, 260 S.W. 970, ... ...