Poindexter v. McDowell
Missouri Court of Appeals
Error to Moniteau Circuit Court. — Eon. Jas. E. Hasell, Judge. (1) The appearance of defendants before the justice was a plea of the general issue, which includes-fraud, misrepresentation and failure of consideration. Hamsby v. Stevens, 65 Mo. App. 189. (2) In his petition the plaintiff says that he is an innocent purchaser for value before maturity. This is an “express aider” and plaintiff assumed the affirmative of the issue he thus makes.
Read the full summary
Error to Moniteau Circuit Court. — Eon. Jas. E. Hasell, Judge. (1) The appearance of defendants before the justice was a plea of the general issue, which includes-fraud, misrepresentation and failure of consideration. Hamsby v. Stevens, 65 Mo. App. 189. (2) In his petition the plaintiff says that he is an innocent purchaser for value before maturity. This is an “express aider” and plaintiff assumed the affirmative of the issue he thus makes. Henry v. Sneed, 99 Mo. 424. (3) It will not be denied by anybody that if defendant’s evidence is to be believed, the notes had their inception in the…
1Opinion of the CourtEllison, J.
— This action is based on two negotiable promissory notes given to one Dickey and by him transferred to plaintiff before maturity for value. At the close of the evidence for both parties the trial court directed a verdict for plaintiff.
The only question for consideration is the propriety of the peremptory instruction given in plaintiff’s behalf. The undisputed evidence showed that the notes were given for premium on a life insurance policy which defendant McDowell took out through Dickey, the agent of the insurance company. That they were transferred to plaintiff for value before maturity.…
2Cases cited7 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- May v. CrawfordSupreme Court of Missouri · 1899
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- O'Bryan v. KinneySupreme Court of Missouri · 1881
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First National Bank v. BennettMissouri Court of Appeals · 1905