79 Mo. App. 574 | Mo. Ct. App. | 1899
Plaintiff was the owner of a principal note for $2,000, due three years after date, and twelve quarterly interest notes for $30, all dated August 30, 1897, and all payable to her order and secured by deed of trust on real estate. She was engaged to marry one John H. Mosse and indorsed' the notes in blank and delivered them to him to be placed for safety in his box in a safe deposit company. In violation of such agreement on his part he sold and delivered the notes to defendants for their certified check for $1,700, payable to plaintiff’s order, forged plaintiff’s indorsement on the cheek, received its proceeds, and decamped. These facts were shown by plaintiff on the trial of an action of replevin for the notes. The court sustained defendants’'demurrer to the evidence and plaintiff took a nonsuit with -leave, and her motion to set aside being overruled appealed to this court.
It is plain that in a suit by the holder of a negotiable note theprimafacie case made by the introduction in evidence of the note properly indorsed may be met by proof that it was founded on illegality, or fraud, whereupon the holder should