McClain v. Weidemeyer

• Court: United States State Supreme Court of Missouri
• Writing for the Court: SCOTT
• Citation: 25 Mo. 364
• Parties: MCCLAIN, Appellant, v. WEIDEMEYER, Respondent.
• Decision Date: 31 July 1857

25 Mo. 364

MCCLAIN, Appellant,
v.
WEIDEMEYER, Respondent.

Supreme Court of Missouri.

July Term, 1857.

1. Where a negotiable promissory note is drawn in favor of a married woman, she may, with the assent of her husband, legally transfer the same by an endorsement in her own name.

2. This assent is sufficiently shown if it appear that the note, so endorsed by her in her own name, was executed in her favor in consideration of the transfer by her to the maker thereof of a bill of exchange transmitted to her by her husband, absent in California.

3. To constitute a valid transfer by the payee of a negotiable promissory note, it is not necessary that the assignment be by endorsement; a deed of assignment for the benefit of creditors purporting to assign the same is sufficient; such an assignee may maintain an action upon the note in his own name.

Appeal from St. Clair Circuit Court.

This was a suit on a negotiable promissory note, executed by defendant, Weidemeyer, in favor of one Martha Thompson. The note was endorsed by said Martha to the partnership firm of Corbin & Barnes. Plaintiff claimed title to said note by virtue of an assignment made to him by Corbin & Barnes

[25 Mo. 365]

for the benefit of their creditors. The defendant in his answer set up a failure of the consideration of said note; also, that there had been no legal transfer of the note to Corbin & Barnes, the said Martha Thompson being a married woman at the time of the alleged endorsement by her in her own name; also, that there had been no legal transfer of the note by Corbin & Barnes to plaintiff.

The cause was submitted to the court without a jury. David B. Thompson, examined in behalf of plaintiff, testified, that he was the son of Martha Thompson, the payee and endorser of the note sued; that John F. Thompson, his father, and husband of said Martha, was in the State of California; that he went to California in 1850, and was still there; that the said note was assigned by Martha Thompson to Corbin & Barnes; that the said note was taken for a bill of exchange sent by John F. Thompson from California to his wife, the said Martha Thompson; that she sold the bill of exchange to defendant, and took the note in controversy in her name.

Plaintiff also offered in evidence the deed of assignment to himself by Corbin & Barnes, for the benefit of their creditors. This deed of assignment purports to transfer and assign to plaintiff “all goods, wares, merchandise, chattels, notes, bills, bonds, judgments, evidences of debt, securities and vouchers for and affecting...