Nelson v. Diffenderffer
Missouri Court of Appeals
Appeal from Laclede County Circuit Court. — Hon. L. B. Woodside, Judge. (1) Plaintiff having undertaken to set up a consideration for the check must do so by sufficient averments. Glasscock v. Glasscock, 66 Mo. 627. (2) The instructions completely ignore the defense of no consideration interposed by defendant. The judgment of the Bank of Lebanon against the Power Company concludes not only the question presented, but also the questions that might have been.
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Appeal from Laclede County Circuit Court. — Hon. L. B. Woodside, Judge. (1) Plaintiff having undertaken to set up a consideration for the check must do so by sufficient averments. Glasscock v. Glasscock, 66 Mo. 627. (2) The instructions completely ignore the defense of no consideration interposed by defendant. The judgment of the Bank of Lebanon against the Power Company concludes not only the question presented, but also the questions that might have been. Brown v. Woody, 22' Mo. App. 253; Wilson v. Broughton, 50 Mo. 17; Donnell v. Wright, 147 Mo. 639. (3) Defendant’s peremptory instruction…
1Opinion of the Court
STURGIS, J. — This
is a suit on a check signed by ■defendant and payable to plaintiff, drawn on the Bank «of Lebanon, Missouri. The answer is a general denial, which, not being sworn to, admits the execution of the instrument' sued on, and pleads as an affirmative defense that such check was obtained' by fraud and was •given without any consideration. The court, being of the opinion that a sufficient consideration was shown, «overruled defendant’s demurrer to the evidence and submitted the issue of the check having been obtained by fraud to the jury, which, by its verdict for plaintiff,…
Also in this document: Concurrence.
2Cases cited20 opinions
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Foxworthy v. AdamsCourt of Appeals of Kentucky · 1910
- Gate City Building & Loan Ass'n v. National Bank of CommerceSupreme Court of Missouri · 1894
- Pickel v. St. Louis Chamber of Commerce Ass'nMissouri Court of Appeals · 1881
- Williams v. JensenSupreme Court of Missouri · 1882
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thompson v. McCuneSupreme Court of Missouri · 1933
- State v. TaylorSupreme Court of Missouri · 1934
- Middleton v. HolecroftMissouri Court of Appeals · 1954
- Popovsky v. GriwachSupreme Court of Missouri · 1951
- Peoples State Bank of Hartville v. HunterMissouri Court of Appeals · 1924
6 more not listed; retrieve them via the Exa API.