Hodges v. Black
| Decision Date | 31 October 1882 |
| Citation | 76 Mo. 537 |
| Parties | HODGES v. BLACK, Appellant. |
| Court | Missouri Supreme Court |
1. Practice: EQUITY.
When the answer, after admitting the plaintiff's prima facie case, sets up a purely equitable defense, this converts the case wholly into an equitable proceeding.
2. The
adjustment of partnership accounts is a matter of equitable jurisdiction.
3. Practice: WEIGHT OF EVIDENCE.
Where there is substantial evidence to support a finding, appellate courts will not inquire as to its weight.
4. Negotiable Paper: INNOCENT HOLDER.
Semble that in Missouri, negotiable paper taken without notice before maturity, as absolute payment of an antecedent debt, and not merely as collateral, though the debt thus discharged is a simple contract debt, and no security is given up, places the holder in the position of an innocent holder for value, not affected by any equities between the original parties to the note.a1
Appeal from St. Louis Court of Appeals.
AFFIRMED.
Silas B. Jones for appellant.
Edmund A. B. Garesche for respondent.
Satisfied with the conclusion reached by the court of appeals in its opinion delivered herem, we affirm the judgment.
All concur.
a1. These syllabi are taken from 8 Mo. App. 389, where the decision of the court of appeals is reported at length.
To continue reading
Request your trial
-
Waddington v. Lane
... ... that he disregarded the evidence. [202 Mo. 417] [ Sharpe ... v. McPike, 62 Mo. 300; Hodges v. Black, 76 Mo ... 537; Royle v. Jones, 78 Mo. 403; Snell v ... Harrison, 83 Mo. 651.] After a careful examination of ... the evidence ... ...
-
Anderson v. Shockley
...as it is fully supported by the other evidence in the case. Hedecker v. Ganzhorn, 50 Mo. 154; Jackson v. Magruder, 51 Mo. 55; Hodges v. Black, 76 Mo. 537. Judgment affirmed in which all concur, except Judges HOUGH and HENRY, ...
-
Harwood v. Toms
...trial court. Bartlett v. Brown, 121 Mo. 353; Taylor v. Crockett, 123 Mo. 300; Cox v. Cox, 91 Mo. 71; Boyle v. Jones, 73 Mo. 403; Hodges v. Black, 76 Mo. 537; v. McPike, 62 Mo. 300; Rawlins v. Rawlins, 102 Mo. 563. The foregoing principle is especially applicable to the case in hand on the q......
-
Thrasher v. Greene County
... ... should be affirmed. Hedecker v. Ganzhorn, 50 Mo ... 154; Jackson v. McGruder, 51 Mo. 55; Bridge Co ... v. Ring, 58 Mo. 491; Hodges v. Black, 76 Mo ... 537; Anderson v. Shockley, 82 Mo. 250; Walsh v ... Exposition & Music Ass'n, 101 Mo. 534; Fitzgerald v ... Barker, 96 Mo ... ...