Funk v. Thomasson
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court.—Hon. Elliott Hi. Hughes, Judge. (1) In the interpleader’s petition the allegation is that appellants exhibited to him and demanded payment of what purported to be the note executed by him. In his evidence he says he refused to pay this note because it was not the note he had signed; that the note he signed was in Magruder’s handwriting and the note presented was not. “It imitates my handwriting, but I don’t know whether it is or not.
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Appeal from the Lincoln Circuit Court.—Hon. Elliott Hi. Hughes, Judge. (1) In the interpleader’s petition the allegation is that appellants exhibited to him and demanded payment of what purported to be the note executed by him. In his evidence he says he refused to pay this note because it was not the note he had signed; that the note he signed was in Magruder’s handwriting and the note presented was not. “It imitates my handwriting, but I don’t know whether it is or not. I told him (Martin) I would not pay it because I didn’t believe it was the note I had signed to Mrs. Thomasson.” In his…
1Opinion of the CourtBond, J.
This is a proceeding for an interpleader filed by the makers of a note for $1,000, dated fourth day of December, 1890, with interest from date, payable in five years thereafter, and subsequently extended for throe years, so that it matured December 4, 1898, at which time there was a balance due on the note of about $903.40, which was paid into court when this petition was filed. It is alleged in substance in the petition that two of the defendants set up title to the note as assignees for value, and demanded its proceeds from plaintiff's, and that the other defendant, the original payee of…
2Cited by5 opinions
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