Magnolia Compress & Warehouse Co. v. St. Louis Cash Register Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. William T. Jones, Judge. (1) The plea of non est factum in defendant’s verified answer cast the burden on plaintiff of establishing the authority of the persons who executed the note in defendant’s name, in order to hold defendant liable thereon. Proof that one of the persons who signed the note held the office claimed by him on the paper, was not sufficient, and the note should not have been admitted in evidence.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. William T. Jones, Judge. (1) The plea of non est factum in defendant’s verified answer cast the burden on plaintiff of establishing the authority of the persons who executed the note in defendant’s name, in order to hold defendant liable thereon. Proof that one of the persons who signed the note held the office claimed by him on the paper, was not sufficient, and the note should not have been admitted in evidence. Sanders v. Chartrand, 158 Mo. 353; Dreeben v. First Nat. Bank, 99 S. W. 850; First Nat. Bank of Kansas City v. Hogan,…
1Opinion of the Court
ALLEN J.
— This is an action on a promissory note for the sum of $2638.35, of date November 7, 1914, due one hundred and twenty days after date, with six per pent, interest from the date thereof, executed in the name of the defendant corporation to the order of Warrant Warehouse Company, a corporation, and which was endorsed and transferred to the plaintiff, the payee. The instrument is signed: “St. Louis Cash Register Company, J. Gr. R. O’Hara, Sec’y. & Mgr., E. O’Brien, Act. Treas.”
The verified answer of defendant contains (1) a plea of non est factum, averring that the note was executed by…
2Cases cited16 opinions
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Cummings v. HurdMissouri Court of Appeals · 1892
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914
- Hackett v. Van FrankMissouri Court of Appeals · 1904
- Sanders v. ChartrandSupreme Court of Missouri · 1900
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3Cited by3 opinions
- Buffalo Trust Co. v. Producers Exchange No. 148Missouri Court of Appeals · 1930
- Farmers & Merchants Bank of St. Clair v. Burns & Hood Motor Co.Missouri Court of Appeals · 1956
- Fredericks v. Red-E-Gas Co.Missouri Court of Appeals · 1957