Jones v. Burden
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) When defendant introduced evidence tending to show breach of warranty, or fraud, or deceit, or failure of consideration, the burden of proof then rested upon the plaintiff to show that the deceased, Wm. Jones, purchased the note sued on, in good faith, for value before maturity, and the court should have so instructed. Johnson v. McMwrphy, 72 Mo. 278; Bank v. Stanley, 46 Mo.
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Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) When defendant introduced evidence tending to show breach of warranty, or fraud, or deceit, or failure of consideration, the burden of proof then rested upon the plaintiff to show that the deceased, Wm. Jones, purchased the note sued on, in good faith, for value before maturity, and the court should have so instructed. Johnson v. McMwrphy, 72 Mo. 278; Bank v. Stanley, 46 Mo. App. 440; Whaley v. Neill, 44 Mo. App. 316; Carson v. Porter, 22 Mo. App. 179-184; Bank v. Skeen, 29 Mo. App. 115; s. o., 101 Mo. 683; Hamilton v.…
1Opinion of the CourtEllison, J.
— Plaintiff sued defendant to recover the amount of a promissory note which he claimed was indorsed to his intestate for value before maturity in the usual course of business without notice of any infirmity. Defendant set up that the note was without consideration and had its inception in the fraud and deceit of the payee. A judgment was given for plaintiff and defendant appeals.
*203Plaintiff, to sustain Ms cause, offered, in the first instance, the note, and in addition, evidence tending to prove that the deceased purchased the note Iona ficle for value before maturity in the usual course of…
2Cases cited7 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Henry v. SneedSupreme Court of Missouri · 1889
- Johnson v. McMurrySupreme Court of Missouri · 1880
- Chapman v. DoughertySupreme Court of Missouri · 1885
- First National Bank v. StanleyMissouri Court of Appeals · 1891
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3Cited by2 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Goodin v. BuhlerMissouri Court of Appeals · 1896