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27 Mo. 440

Jaccard v. Shands

Supreme Court of Missouri

Decided October 15, 1858

Supreme Court of Missouri · decided 1858-10-15

<p>1. Fraud in the consideration of a negotiable promissory note is no defence to an action thereon by an endorsee to whom the same was endorsed before maturity without notice.</p>

Cited by 2 later decisions — most recently May 1892

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-10-15

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Scott, Judge,

¶1delivered the opinion of the court.

¶2This is an action on a negotiable promissory note endorsed to the plaintiffs before maturity. The defence is fraud in the consideration, and failure of consideration. Nothing is clearer than that such a defence is wholly inadmissible against the endorsee of a negotiable note, endorsed before maturity. The court very properly overruled the instruction asked by the defendant.

¶3The other judges concurring, the judgment will be affirmed.

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