Kraemer v. Ward
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — No». Joseph J. Williams, Judge. (1) The plea of non est factum raises a question of fact, and the burden of proof is on the plaintiff to prove that the defendant signed the note. Edmonston v. Henry, 45 Mo. App. 346. (2) If the discretion of the trial court is wrongly used, the appellate court will not allow the action to stand. Coleman v. Cole, 96 Mo.
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Appeal from Wayne Circuit Court. — No». Joseph J. Williams, Judge. (1) The plea of non est factum raises a question of fact, and the burden of proof is on the plaintiff to prove that the defendant signed the note. Edmonston v. Henry, 45 Mo. App. 346. (2) If the discretion of the trial court is wrongly used, the appellate court will not allow the action to stand. Coleman v. Cole, 96 Mo. App. 22. (3) The only question in this appeal is the grounds assigned in the order granting the new trial. Kauffman-Wilkinson Co. y. Christophel, 59 Mo. App. 80; Kelleher v. United Co., 126 S. W. 796; MícVey y.…
1Opinion of the CourtNixon, P. J.
This was an action by Charles Kraemer against F. M. Ward and W. L. Mathews on a promissory note for two hundred dollars, dated October 10, 1900, payable twelve months after date, bearing compound interest, and signed as follows: J. S. Enloe, M. I)., F. M. Ward, W. L. Mathews. On the back appear two credits, one for sixteen dollars paid on October 10, 1901, and another for six dollars, paid on February 6,1908, and plaintiff testified that these were payments of interest made by Enloe and that he (plaintiff) did not tell F. M. Ward that Enloe was not paying the interest.
The defendant Ward filed…
2Cases cited5 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
- Doud v. ReidMissouri Court of Appeals · 1893
- Edmonston v. HenryMissouri Court of Appeals · 1891
- Kaufman-Wilkinson Lumber Co. v. ChristophelMissouri Court of Appeals · 1894
3Cited by2 opinions
- First Nat. Bank of Elyria v. Equipment Co.Missouri Court of Appeals · 1926
- Van Hoose v. Southwestern Machinery Co.Missouri Court of Appeals · 1913