Walsh v. Morse
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. S. H. WoodsoN, Judge. Plaintiff’s first instruction should not have been given, there being no evidence in the case that the notes of Case and Balis were taken as security. The second -instruction is absolutely without evidence to support it. There is nothing in the record to show tha^ Morse ever made any representations as to the pecuniary circumstances of Case or Balis.
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Appeal from Jackson Circuit Court. — Hon. S. H. WoodsoN, Judge. Plaintiff’s first instruction should not have been given, there being no evidence in the case that the notes of Case and Balis were taken as security. The second -instruction is absolutely without evidence to support it. There is nothing in the record to show tha^ Morse ever made any representations as to the pecuniary circumstances of Case or Balis. Plaintiff’s third instruction is erroneous for several reasons. (1) There is no evidence that plaintiff' had been deceived as to the solvency of Case and Balis. (2) There is no…
1Opinion of the CourtNorton, J.
Plaintiff’s petition alleged, substantially that he loaned the defendant’s testator the sum of $1,180, on the 12th day of December, 1873, for which the testator, Morse, executed his note to plaintiff, payable in one year ; and to secure the payment of it, executed a' mortgage on certain real estate. That afterwards, plaintiff becoming dissatisfied with the security, demanded other security. That the defendant in compliance with that demand, delivered to the plaintiff two promissory notes, executed' by Theodore S. Case, and John R. Balis, for $300 and $500. respectively. That to induce…
2Cases cited1 opinion
- Dulaney v. RogersSupreme Court of Missouri · 1876
3Cited by16 opinions
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Nauman v. OberleSupreme Court of Missouri · 1886
- Peters v. LohmanMissouri Court of Appeals · 1913
- Adams v. BarberMissouri Court of Appeals · 1911
- Chase v. RuskCourt of Appeals of Kansas · 1901
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