Carson v. Porter
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is a suit upon a negotiable promissory note, executed by defendant to Gí-eo. H. Rice, attorney for Empire Machine Company, and by him, as said at torney, endorsed and transferred to the plaintiff.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is a suit upon a negotiable promissory note, executed by defendant to Gí-eo. H. Rice, attorney for Empire Machine Company, and by him, as said at torney, endorsed and transferred to the plaintiff. The defendant, in his answer, alleged that he was induced to execute the note in suit by certain false and fraudulent representations made by said Rice ; and that said note was procured by said Rice wholly by certain alleged frauds ‘ and without consideration; and that plaintiff, when the note was…
1Opinion of the CourtPhilips, P. J.
The contention of respondent is, that this case is parallel with that of Johnson v. Mc-Murry (72 Mo. 278), and that the court below pursued the law as declared in that case. It may be conceded that the evidence in the two cases is quite alike ; but the course pointed out in Johnson v. McMurry, as the proper one to be pursued at the trial, was not, in my opinion, observed in this case.
Under the pleadings, the defendant assumed the burden of showing that the note in suit was fraudulently obtained by the payee and was without consideration. Conceding that this evidence was sufficient -to go to…
2Cases cited6 opinions
- Johnson v. McMurrySupreme Court of Missouri · 1880
- Berry v. WilsonSupreme Court of Missouri · 1876
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Boone v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Cannon v. MooreMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wood v. HilbishMissouri Court of Appeals · 1886
- Rice v. McFarlandMissouri Court of Appeals · 1890
- Fletcher v. Milburn Manufacturing Co.Missouri Court of Appeals · 1889
- Smith v. MohrMissouri Court of Appeals · 1895
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1889
6 more not listed; retrieve them via the Exa API.