Hatch v. Bayless
Missouri Court of Appeals
Appeal from Wright Circuit Court. — Hon. G. H. Skinker, Judge. (1) Although, there are alterations apparent on the face of the instrument, yet unless there is something suspicious about them, it will be presumed that they were made contemporaneously with the execution ■of the instrument. Paul v. Leeper, 98 Mo. App. 515; Bailey v. Bank, 99 Mo. App. 571; Cox v. Mignery & Co., 126 Mo.
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Appeal from Wright Circuit Court. — Hon. G. H. Skinker, Judge. (1) Although, there are alterations apparent on the face of the instrument, yet unless there is something suspicious about them, it will be presumed that they were made contemporaneously with the execution ■of the instrument. Paul v. Leeper, 98 Mo. App. 515; Bailey v. Bank, 99 Mo. App. 571; Cox v. Mignery & Co., 126 Mo. App. 682; Stillwell v. Patton, 108 Mo. 352; Kirkpatrick v. Wiley, 197 Mo. 163. (2) The presumption that an alteration of a written document was made prior to, or at least contemporaneous with its execution is not…
1Opinion of the Court
F. M. McDAVID, Special Judge.
In March, 1902, the plaintiff and defendant entered into two separate contracts whereby the defendant promised and agreed *220to pay the plaintiff the sum of five hundred dollars, upon conditions and terms in such contracts specified, each contract calling for the payment of two hundred and fifty dollars, in fruit trees, said sum of five hundred dollars being’ in payment for certain personal property sold by the plaintiff to the defendant at the time.
The suit was brought in the circuit court of Wright county, and was returnable to the September term, 1908. The…
Also in this document: Concurrence.
2Cases cited28 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- State v. TaylorSupreme Court of Missouri · 1893
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Morton v. HeidornSupreme Court of Missouri · 1896
- McDonald v. MatneySupreme Court of Missouri · 1884
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3Cited by2 opinions
- Ferd Bauer Engineering & Contracting Co. v. Arctic Ice & Storage Co.Missouri Court of Appeals · 1915
- First National Bank v. WoelzMissouri Court of Appeals · 1917