Lawson v. Meffert
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — lion. O. A. Lucas, Judge. (1) The evidence should have been .confined to the issues: (a) Were the notes altered in the respects asserted by defendant, and (b) did the indorsements upon the back of them, evidence an actual payment thereon? It was error, and highly prejudicial to defendant, to permit plaintiff to show that Dr. Meffert had stated that he owed his brother money on notes, without showing that he referred to the notes in…
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Appeal from Jackson Circuit Court. — lion. O. A. Lucas, Judge. (1) The evidence should have been .confined to the issues: (a) Were the notes altered in the respects asserted by defendant, and (b) did the indorsements upon the back of them, evidence an actual payment thereon? It was error, and highly prejudicial to defendant, to permit plaintiff to show that Dr. Meffert had stated that he owed his brother money on notes, without showing that he referred to the notes in question, and without limiting the effect of the evidence to the one question of alleged alteration. Cox v. Mignery, 126 Mo.…
1Opinion of the CourtWalker, J.
— The plaintiff filed a petition in the Probate Court of Jackson County, for the allowance of a claim against the estate of Joseph F. Meffert, based on three promissory notes alleged to have been made by the latter to the plaintiff. A verdict was rendered by a jury in favor of the plaintiff, from which an appeal was perfected to the circuit court. Upon a trial in that court a judgment was rendered May 2, 1919, in favor of plaintiff, from which the defendant appeals.
The petition on which this action is based is in three counts: The first is on a note made to plaintiff, by Joseph F. Meffert, on…
2Cases cited5 opinions
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Phillips v. MahanSupreme Court of Missouri · 1873
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Carter v. CarterSupreme Court of Missouri · 1869
- Smith v. FerrySupreme Court of Missouri · 1878
3Cited by12 opinions
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
- Household Finance Company, Inc. v. WatsonMissouri Court of Appeals · 1975
- Meffert v. LawsonSupreme Court of Missouri · 1926
- Caneer v. KentSupreme Court of Missouri · 1938
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