Jones v. Moore
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was a suit brought by Jones, defendant in error, against Moore and Hicltman, plaintiffs in error, upon two promissory notes for $1,500 each, payable to the order of James W. Wilson. To secure payment of the notes, Moore and Hickman executed' to James M. Ming, as trustee of Wilson, a deed of trust on certain land in Franklin county.
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Error to St. Louis Circuit Court. This was a suit brought by Jones, defendant in error, against Moore and Hicltman, plaintiffs in error, upon two promissory notes for $1,500 each, payable to the order of James W. Wilson. To secure payment of the notes, Moore and Hickman executed' to James M. Ming, as trustee of Wilson, a deed of trust on certain land in Franklin county. Hickman and Moore subsequently, in 1860, sold the land to Josiah Thornburgh, who assumed payment of the incumbrance. Wilson, the payee of the notes, indorsed the same to the plaintiff, Jones, who commenced suit in 1863, after…
1Opinion of the Court
Holmes, Judge,
delivered tbe opinion of the court.
This was a suit upon promissory notes, by tbe holders against tbe makers, upon a petition in tbe usual form. Tbe answer of tbe defendants admitted tbe execution of tbe notes, and set up equitable matters as a defense. Tbe cause was beard before a court, a jury being waived. Tbe issues were found for tbe plaintiff and tbe damages assessed, and judgment was given for tbe plaintiff for tbe amount, with a further judgment that ££ tbe defendants take nothing by their counter claim.” In tbe answer tbe defense set up was a counter claim, which,…
2Cases cited5 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- Goode v. ComfortSupreme Court of Missouri · 1866
- Peyton v. RoseSupreme Court of Missouri · 1867
- Thornburg v. JonesSupreme Court of Missouri · 1865
- Gilbert v. CramNew York Supreme Court · 1855
3Cited by18 opinions
- ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
- Henderson v. DickeySupreme Court of Missouri · 1872
- Crowe v. PetersSupreme Court of Missouri · 1876
- Lanyon v. ChesneySupreme Court of Missouri · 1907
- Emery v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1883
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