Wisdom v. Shanklin
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The petition is wholly insufficient to support the judgment. It does not show when Mr. Shanklin became of unsound mind, whether before or after the alleged execution of notes in suit; by what court, whether of Iowa, Arkansas or Missouri, or at what time Mr. Berry was appointed his guardian.
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Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The petition is wholly insufficient to support the judgment. It does not show when Mr. Shanklin became of unsound mind, whether before or after the alleged execution of notes in suit; by what court, whether of Iowa, Arkansas or Missouri, or at what time Mr. Berry was appointed his guardian. (2) There was no proof of the execution of the notes, or either of them; without such proof the court was not authorized against the specific objection of defendant to receive them in evidence. Collins v. Trotter, 81 Mo. 275; R. S. 1889,…
1Opinion of the CourtEllison, J.
— This action is based on two negotiable promissory notes. The note declared on in the first count is payable to plaintiff. The one declared on in the second count was given by defendant Nathaniel Shanklin to his wife Nora, and by the latter indorsed for value before due to the plaintiff. The judgment below was for plaintiff on both counts.
^;sba“ddanTs' wife.estoppel. It is insisted that since the note in the second count was given by the husband to his wife it was a void contract and that plaintiff, as indorsee from the wife, could not maintain action thereon — that plaintiff as indorsee…
2Cases cited8 opinions
- Collins v. TrotterSupreme Court of Missouri · 1883
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
- Warren v. LelandNew York Supreme Court · 1847
- Binney v. Globe National BankMassachusetts Supreme Judicial Court · 1890
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