Cavitt v. Tharp
Missouri Court of Appeals
Appeal from the Clark Circuit Court, Hon. Ben. E. Turner, Judge. The-plaintiffs must show title to the notes, all of which we have done by alleging in the petition that the payee of the notes, since the execution of the same, died; that an administrator was appointed; that the administration has been closed; that the plaintiffs are the only heirs of the payee of the note.
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Appeal from the Clark Circuit Court, Hon. Ben. E. Turner, Judge. The-plaintiffs must show title to the notes, all of which we have done by alleging in the petition that the payee of the notes, since the execution of the same, died; that an administrator was appointed; that the administration has been closed; that the plaintiffs are the only heirs of the payee of the note. This is not denied except by the-general denial (which is not sufficient), especially when-followed by a plea of payment, where the defence is, that the plaintiff is not the real party in interest, nor the holder and owner…
1Opinion of the CourtRombauer, P. J.
Upon the trial of this cause below the court instructed the jury to find for defendant, which they did. Judgment was rendered accordingly and plaintiffs appeal.
The only question presented is whether under the pleadings and evidence this judgment was a correct conclusion of law.
The action is brought upon two promissory notes executed by defendant. The one was payable to the order of J. Cavitt, and the other to the order of James Cavitt. Neither of the notes was endorsed by Cavitt. The only allegation of title in plaintiffs as shown by *134their petition is the following averment: “That, on the-day…
2Cases cited3 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Dorn v. ParsonsSupreme Court of Missouri · 1874
- Sturdevant v. RehardSupreme Court of Missouri · 1875
3Cited by9 opinions
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Shepard v. HansonNorth Dakota Supreme Court · 1900
- Worrell v. RobertsMissouri Court of Appeals · 1894
- Escamilla v. PingreeUtah Supreme Court · 1914
- Rice v. McFarlandMissouri Court of Appeals · 1890
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