Edmonston v. Henry
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The note sued on should have been admitted in evidence. Defendant did not deny the execution of the note, bnt denied that he signed it. The note might have been properly executed so as to have bound him, although not signed by him. R. S., sec. 6217; Rothschild v. Frensdorf, 21 Mo. App. 318. (2) Defendant’s checks admitted by him to be genuine were admissible evidence.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The note sued on should have been admitted in evidence. Defendant did not deny the execution of the note, bnt denied that he signed it. The note might have been properly executed so as to have bound him, although not signed by him. R. S., sec. 6217; Rothschild v. Frensdorf, 21 Mo. App. 318. (2) Defendant’s checks admitted by him to be genuine were admissible evidence. The rule that certain papers are not admissible, because they raise collateral issues, is not applicable here because these were admitted to be genuine.…
1Opinion of the CourtSmith, P. J.
— Suit on a promissory note commenced before a justice of the peace. The execution of the note was denied on oath. On the trial of the cause in the circuit court where it had been removed by appeal the plaintiff offered to read in evidence the note notwithstanding the defendant’s denial under oath, on the ground that the language of the denial, which was that defendant “ did not sign the note sued on,” was insufficient to put in issue the execution of the note. It is true the denial does not use the statutory word “execution ” (sec. 6217), but does use the word “sign” which we think in the…
2Cases cited2 opinions
- Rose v. First National BankSupreme Court of Missouri · 1886
- Feurt v. AmbroseMissouri Court of Appeals · 1889
3Cited by5 opinions
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- Kraemer v. WardMissouri Court of Appeals · 1910
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of AlbingerNew York Surrogate's Court · 1899