Maugh v. Hornbeck
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ho». J. D. Perkins, Judge. (1) Defendants’ answer does not contain a negation of the warranties therein alleged. Hence they were not entitled to prove the alleged warranties. 19 Ency. PL and Pr., 104; Mfg. Co. v. Jones, 60 Mo. App,. 220; Cook v. Pntnam Co., 70 Mo. 668; Northrup v. Ins.
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Appeal from Jasper Circuit Court. — Ho». J. D. Perkins, Judge. (1) Defendants’ answer does not contain a negation of the warranties therein alleged. Hence they were not entitled to prove the alleged warranties. 19 Ency. PL and Pr., 104; Mfg. Co. v. Jones, 60 Mo. App,. 220; Cook v. Pntnam Co., 70 Mo. 668; Northrup v. Ins. Co., 47 Mo. 443; Snyder v. Free, 114 Mo. 367. (2) If defendants ’ answer states any defense at all, it is that of an implied warranty, or else a failure of consideration in support of either of which the testimony offered, would he immaterial. Therefore the court did not err…
1Opinion of the CourtEllison, J.
This action is based on five nonnegotiable promissory notes. The verdict of the jury in the trial court was for plaintiff. Whereupon, defendants filed, a motion for new trial which was sustained, and thereupon plaintiff appealed.
The notes were given to the Seevers Manufacturing Company in part payment of a “ steam drilling outfit, ’ ’ and they were assigned to plaintiff. The answer, as claimed by defendant, set up a warranty of the machinery and a failure of warranty. Plaintiff’s view, as expressed in his brief, is, that the answer did “not contain a negation of the warranties therein…
2Cases cited5 opinions
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
- Hurst v. City of Ash GroveSupreme Court of Missouri · 1888
- Hatten v. RandallMissouri Court of Appeals · 1892
- Marshall v. FergusonMissouri Court of Appeals · 1899
3Cited by4 opinions
- Jarrett v. MohanMissouri Court of Appeals · 1910
- Osborne v. FridrichMissouri Court of Appeals · 1908
- McKinley v. Lawrence County Water Co.Missouri Court of Appeals · 1909
- Mauch v. HornbackMissouri Court of Appeals · 1904