Settles v. Moore
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. Statement. — This action was commenced before a justice of tbe peace of Monroe county, upon a note signed by tbe defendants, whereby on or before tbe 1st of October, 1907, they promised, for value received “in one rebuilt Rumley Separator,” to pay to tbe order of tbe Weber Implement Company, $200, with interest at tbe rate of 7 per cent per annum from date of delivery until paid.
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Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. Statement. — This action was commenced before a justice of tbe peace of Monroe county, upon a note signed by tbe defendants, whereby on or before tbe 1st of October, 1907, they promised, for value received “in one rebuilt Rumley Separator,” to pay to tbe order of tbe Weber Implement Company, $200, with interest at tbe rate of 7 per cent per annum from date of delivery until paid. Tbe note was endorsed on tbe back, “Pay to J. M. Settles, without recourse on us. Weber Implement Company, per Geo. Weber.” Defendants filed with tbe…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— The errors relied upon by the learned counsel for the appellant are, first, that the defenses of non est factum and of failure of consideration are inconsistent; that the proof of one disproves the other. Counsel cite in support of this the case of Gabriel v. Met. St. R. Co., 130 Mo. App. 651, 109 S. W. 1042. We do not agree with counsel and do not think that the case cited bears him out in his contention. The case was instituted before a justice of the peace originally and the ordinary defense was put in as before a justice, practically that they did not owe the…
2Cases cited3 opinions
- Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886
- Hahs v. Cape Girardeau & Chester RailroadMissouri Court of Appeals · 1910
- Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908