Law v. Crawford
Missouri Court of Appeals
Appeal from the Cedar Circuit Court. — Hon. D. P„ Stratton, Judge. (1) The general denial portion of the answer only put in issue plaintiff’s title to the note and the genuineness of the indorsement. Worrell v. Roberts, 58 Mo. App. 198; Cavit v. Thorp, 30 Mo. App. 131. And verification did not change its distinctive character. (2) The second defense is not non est factum.
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Appeal from the Cedar Circuit Court. — Hon. D. P„ Stratton, Judge. (1) The general denial portion of the answer only put in issue plaintiff’s title to the note and the genuineness of the indorsement. Worrell v. Roberts, 58 Mo. App. 198; Cavit v. Thorp, 30 Mo. App. 131. And verification did not change its distinctive character. (2) The second defense is not non est factum. Mark the language of the answer: “Defendants further say that they did not then or at any other time execute the note filed with plaintiff’s suit, in its present form, and that if they ever signed said paper so filed, it was…
1Opinion of the CourtSmith, P. J.
This is an action that was brought on the following instrument of writing:
“$500.00. Chicago, III., August 4, 1890.
“On demand, after date, for value received, I promise to pay to the order of the Interstate Publishing House five hundred dollars, at the office of said house, in Chicago, with interest at six per cent per annum, áfter due, until paid.
“And to secure the payment of said amount I hereby authorize, irrevocably, any attorney of any court of record to appear for me in such court, in term time or vacation, at any time hereafter, and confess a .judgment without process in favor of the…
2Cases cited17 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- First National Bank v. GaySupreme Court of Missouri · 1876
- Flato v. MulhallSupreme Court of Missouri · 1880
- Bottomley v. United StatesU.S. Circuit Court for the District of Massachusetts · 1840
- Shirt v. OverjohnSupreme Court of Missouri · 1875
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3Cited by8 opinions
- Whitsett v. Peoples National BankMissouri Court of Appeals · 1909
- Ridenour v. DuncanSupreme Court of Missouri · 1956
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- Bank of Otterville v. Bank of BoonvilleMissouri Court of Appeals · 1929
- Broyles v. AbsherMissouri Court of Appeals · 1904
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