Legal Opinion

Ferry v. Taylor

Supreme Court of Missouri

Decided January 15, 1863PublishedCited by 5 opinions

Error to Cooper Circuit Court. I. The instructions given for plaintiff all erroneously assume that there was evidence tending to show that defendant, Taylor, signed the note sued on, or authorized it to be done. The third and sixth instructions are wrong, because they submit to the jury the question of ratification.

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Error to Cooper Circuit Court. I. The instructions given for plaintiff all erroneously assume that there was evidence tending to show that defendant, Taylor, signed the note sued on, or authorized it to be done. The third and sixth instructions are wrong, because they submit to the jury the question of ratification. Although the jury are to find the facts, if any, constituting ratification, they should not be left to conjecture the legal signification and sense of the term, or the legal effect of such facts — to draw their own conclusions of law. It was impossible that, under such a charge as…

1Opinion of the CourtBay, Judge

This was a suit on a negotiable promissory note for the sum of one thousand dollars, bearing date August 4,1857, alleged to have been executed by the defendant to the plaintiff.

The defendant in his answer denies having executed the note, and denies that the note is his act. No other issue is made by the pleadings.

The cause was tried by a jury, and judgment was given for the plaintiff for the amount of the note, with interest. Defendant in- due time filed his motion for a new trial, which being overruled, he brings the cause into this court by writ of error.

Upon the trial, no exceptions were…

2Cited by5 opinions

  1. Wilson v. HayesSupreme Court of Minnesota · 1889
  2. Hammerslough v. CheathamSupreme Court of Missouri · 1884
  3. Hunter v. HelsleyMissouri Court of Appeals · 1903
  4. Kelchner v. MorrisMissouri Court of Appeals · 1898
  5. Broughton Bros. v. SumnerMissouri Court of Appeals · 1899

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