Baum v. Abel

DOERNER, Commissioner.

This jury-waived case involves, in separate counts, two promissory notes, one of which is for $5500 and the other for $1440. Defendant admitted execution of the notes but alleged lack of consideration as an affirmative defense. Judgment below was for plaintiff for the principal amount of each note, together with interest thereon, and defendant appealed.

To sustain his burden plaintiff introduced the notes in evidence, and then called defendant to the stand as an adverse witness, *165under the provisions of Section 491.030, RSMo 1959, V.A.M.S. Defendant admitted that he had…