Edwards v. Warner
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Hon. James B. Withrowj Judge. (1) The sole defense tendered by the evidence of defendant in this case is that the note sued upon was at maturity renewed; that at its maturity plaintiff’s decedent accepted from defendant a renewal note in discharge thereof. This defense is tendered by the evidence of a single witness, James IF. Bullard.
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Appeal from the St. Louis City Circuit Court.—Hon. James B. Withrowj Judge. (1) The sole defense tendered by the evidence of defendant in this case is that the note sued upon was at maturity renewed; that at its maturity plaintiff’s decedent accepted from defendant a renewal note in discharge thereof. This defense is tendered by the evidence of a single witness, James IF. Bullard. Without the testimony of this witness, all else testified by the witnesses of defendant proves nothing, and does not even tend to establish any defense to the note in suit. This witness says this note at maturity…
1Opinion of the CourtBond, J.
On the twenty-sixth of July, 1888, defendant gave his note for $960.39 to E. Tillotson & Co., payable in ninety days at the German Savings Institution. In September, 1898, E. Tillotson, who had traded under the style of Tillotson & Company died, and plaintiff became his administrator, and finding this note among his decedent’s papers brought suit thereon.
The defense is payment by the giving of a renewal note upon the maturity of the one in suit, and payment of accrued interest and subsequent payment of the renewal note.
The cause was submitted to the court without a jury, and evidence adduced…
2Cited by2 opinions
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