Blackman v. McAdams
Missouri Court of Appeals
Error to Jackson Circuit Court. — Eon. John G. Parle, Judge. The court erred in sustaining defendant’s motion for judgment on the pleadings and in dismissing plaintiff’s petition, and entering judgment for the defendant for the reason that the note upon which plaintiff based his cause of action against the defendant was a liability of the defendant’s for obtaining property by false pretenses or false representations and was not affected by defendant’s discharge in bankruptcy…
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Error to Jackson Circuit Court. — Eon. John G. Parle, Judge. The court erred in sustaining defendant’s motion for judgment on the pleadings and in dismissing plaintiff’s petition, and entering judgment for the defendant for the reason that the note upon which plaintiff based his cause of action against the defendant was a liability of the defendant’s for obtaining property by false pretenses or false representations and was not affected by defendant’s discharge in bankruptcy and plaintiff had a right to base his action on note, and set up in his reply in rebuttal to defendant’s answer any new…
1Opinion of the CourtEllison, J.
This is an action on a promissory note executed by defendant to plaintiff on March 30, 1903, due on September 1, 1903, for the sum of $322.50 with eight per cent interest. The petition was an or*410dinary declaration on the note. The answer set up defendant’s discharge in bankruptcy in the proper United States district court. Plaintiff filed a reply to the answer in which he alleged that the note was a liability arising by reason of defendant having obtained from him a lot of cattle by means of false pretenses and false representations. Defendant thereupon filed a motion for judgment on the…
2Cases cited1 opinion
- Palmer v. PrestonSupreme Court of Vermont · 1872
3Cited by6 opinions
- Gregory v. WilliamsSupreme Court of Kansas · 1920
- Fidelity & Casualty Co. of New York v. GolomboskySupreme Court of Connecticut · 1946
- Strauch v. FlynnSupreme Court of Minnesota · 1909
- M. C. Kiser Co. v. GeraldAlabama Court of Appeals · 1920
- Thomas v. CrosbyDistrict Court, W.D. Missouri · 1956
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