Cook v. Strother
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The 'Court erred in permitting defendant to introduce a check signed by John "W". Cook, the deceased brother, for comparison with the signature of Enoch Cook. Bank v. Hoffman, 74 Mo.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The 'Court erred in permitting defendant to introduce a check signed by John "W". Cook, the deceased brother, for comparison with the signature of Enoch Cook. Bank v. Hoffman, 74 Mo. App. 203, 208; R. S. 1899, sec. 4679. (2) The court erred in giving instruction number 2, asked by defendant, this instruction making the note void if it was altered while in the possession of plaintiff, whether he consented to it or not, and even though such alteration might have been made by a party not authorized or contrary to plaintiff’s…
1Opinion of the CourtEllison, J.
This is an action on a promissory note alleged to have been executed by Enoch Cook in his lifetime. The defendant administrator prevailed in the trial court. The defense made was that the deceased never executed the note and that it had been altered after the signature while in plaintiff’s possession.
The two chief errors noted in plaintiff’s brief relate to the comparison of the admitted signature of a witness, James M. Cook, with the signature on the note. Under the statute (sec. 4679, R. S. 1899) it is not only proper to show in evidence, for comparison, some admitted signature of the party…
2Cases cited1 opinion
- St. Louis National Bank v. HoffmanMissouri Court of Appeals · 1898
3Cited by3 opinions
- Wilson v. ScroggsSupreme Court of Colorado · 1929
- Cook v. MoeckerAppellate Court of Illinois · 1920
- Miller v. MillerCourt of Appeals of Texas · 1947