Hill v. Dillon
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) After the defendants had shown fraud in. the procuring of this note by the payee, and failure of consideration, the' burden then shifted to the plaintiff to prove affirmatively, that he was a holder for value before maturity, without notice of such defenses and the cause should have been submitted to the jury on these issues. Jones v. "Wilson, 124 S. "W. 548; Stewart v. Andes, 110 Mo.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) After the defendants had shown fraud in. the procuring of this note by the payee, and failure of consideration, the' burden then shifted to the plaintiff to prove affirmatively, that he was a holder for value before maturity, without notice of such defenses and the cause should have been submitted to the jury on these issues. Jones v. "Wilson, 124 S. "W. 548; Stewart v. Andes, 110 Mo. App* 247; Hahn v. Bradley, 92 Mo. App. 404; Jones v. Bank, 128 S. "W. 829; Section 59, Session Acts, 1905, p. 250. (2) In this case the…
1Opinion of the CourtCox, J.
Action upon a promissory note, $2500, executed by defendants to Grant Hart, and by him transferred to plaintiff. Defendants admit the execution of the note but allege fraud in its procurement and that plaintiff was a party to the fraud. The reply is a general denial, plea of purchase in good faith *89before maturity and plea of estoppel. At the trial plaintiff introduced this note and its endorsement and rested. Defendants then offered testimony tending, as they claimed, to support the allegations of the answer, and at the close of defendants’ testimony the court gave a peremptory instruction to…
2Cases cited8 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Gordon v. BurrisSupreme Court of Missouri · 1897
- Bryan v. WearSupreme Court of Missouri · 1835
- Vaulx v. CampbellSupreme Court of Missouri · 1843
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3Cited by4 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Hill v. DillonMissouri Court of Appeals · 1913
- Maratta v. Chas. H. Heer Dry Goods Co.Missouri Court of Appeals · 1915
- State Savings Bank of Missouri Valley v. BehmSupreme Court of Iowa · 1926