Golden City Banking Co. v. Morrow
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Eon. Guy ID. Kirby, Judge. (1) False or fraudulent statement made to tlie surety at tlie time of the execution of the contract, or during the negotiations leading up to it, is sufficient ground for annulling it. Benton County Savings Bank v. Boddieker, 105 Iowa, -; Same case, 75 N. W. 632, 548;. Same case, 67, An.
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Appeal from Greene County Circuit Court. — Eon. Guy ID. Kirby, Judge. (1) False or fraudulent statement made to tlie surety at tlie time of the execution of the contract, or during the negotiations leading up to it, is sufficient ground for annulling it. Benton County Savings Bank v. Boddieker, 105 Iowa, -; Same case, 75 N. W. 632, 548;. Same case, 67, An. St. 310; Same case, 45, 2 R. A. 321; Trammell v. Swan, 25 Texas, 473; Cooper v. Joce, 1 De F. and J. 240; Same case, 62 Eng. Chan. 184; Same case, 45 Eng. Reprint, 350. (2) Parol evidence is admissible to show that a mortgage or bill was…
1Opinion of the CourtRobertson, P. J.
This is an action on .a promissory note dated May 14, 1912, signed by defendant and another. The defendant’s answer, being unverified, admits the execution of the note, but it undertakes to allege fraud in the procurement of her signature thereto and absence of consideration to her for signing. Upon a jury trial the court directed a verdict for the plaintiff for the face value of the note. Judgment was entered thereon and defendant has appealed.
As we understand appellant’s brief, there is but one question urged here, which is that the court erred in directing the verdict because her testimony…
2Cases cited2 opinions
- Gardner v. RobertsonSupreme Court of Missouri · 1907
- Rankin v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1910
3Cited by1 opinion
- State Bank of Fisk v. Omega Electronics, Inc.Missouri Court of Appeals · 1982