Doud v. Reid
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Chas. W-Sloan, Judge. (1) Plaintiff in chief failed to make a prbna faciecase, as the weight and preponderance of the evidence proved the defendants had not signed the note and the court committed error in permitting it to be read in evidence to the jury. Monitor Floto Co. v. Born, 51 N. W. Bep. (Neb.) 129; Grreenleaf on Evidence, sec. 384 -, Haysler v. Dawson, 28 Mo. App. 538; Polachv. Hannauer, 26 Mo.
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Appeal from the Cass Circuit Court. — Hon. Chas. W-Sloan, Judge. (1) Plaintiff in chief failed to make a prbna faciecase, as the weight and preponderance of the evidence proved the defendants had not signed the note and the court committed error in permitting it to be read in evidence to the jury. Monitor Floto Co. v. Born, 51 N. W. Bep. (Neb.) 129; Grreenleaf on Evidence, sec. 384 -, Haysler v. Dawson, 28 Mo. App. 538; Polachv. Hannauer, 26 Mo. App. 260; Johnson v. McMurry, 72 Mo. 278; Chandler v. Fleeman, 50 Mo. 239. (2) The plaintiff presented no such substantial evidence as entitled him…
1Opinion of the CourtEllison, J.
— This action is founded on a promissory note for $630, executed by defendants as sureties for one, E. P. Whalen, to R. H. Washburn and by him sold and indorsed to plaintiff. The defense was a denial under oath of the execution of the note. The judgment was for plaintiff.
We will notice the several grounds relied upon for reversal in the order in which they are set forth in defendants’ brief. The first is that the court committed error in permitting the note to be read in evidence for the reason that the weight.of the evidence showed that the defendants had not signed it. But there was…
2Cases cited8 opinions
- State v. ClintonSupreme Court of Missouri · 1878
- Van Wyck v. . McIntoshNew York Court of Appeals · 1856
- Union National Bank v. RobertsWisconsin Supreme Court · 1878
- Rose v. First National BankSupreme Court of Missouri · 1886
- St. Paul National Bank v. CannonSupreme Court of Minnesota · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Ashwell v. MillerIndiana Supreme Court · 1913
- Hayden v. ParsonsMissouri Court of Appeals · 1897
- State ex rel. Goodman v. Regent Laundry Co.Missouri Court of Appeals · 1916
- Kraemer v. WardMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.