Wendover v. Baker
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. Action on three promissory notes, begun April 30, 1890. Notes dated November 1, 1879; one for $3,000, due one year; other two for $120 each, due six and twelve months. Plaintiff, payee; defendant, maker.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. Action on three promissory notes, begun April 30, 1890. Notes dated November 1, 1879; one for $3,000, due one year; other two for $120 each, due six and twelve months. Plaintiff, payee; defendant, maker. Answer pleaded, first, that the notes were without consideration ; second, certain equitable defenses to the effect that contemporaneously with the execution of the notes, defendant executed a deed of trust to John D. S. Dryden as trustee, to secure them, on a certain lot in Ulri-cas addition to the city of St. Louis,…
1Opinion of the CourtSherwood, J.
I. In entering on a discussion of the facts aforesaid, and the principles applicable thereto, it is well enough to say at the outset that the, correctness of the declarations of lato, miscalled instructions, whether given or refused, will not be considered, *290because the answer of defendant setting up equitable defenses and praying for affirmative equitable relief, converts this case into a proceeding in equity to be governed by principles and rules of procedure applicable to such cases. Freeman v. Wilkerson, 50 Mo. 554; Conran v. Sellew, 28 Mo. 320; Ellis v. Kreutzinger, 31 Mo. 432; Richardson…
2Cases cited25 opinions
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3Cited by27 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
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- Brewer v. BlantonMissouri Court of Appeals · 1977
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