Carlton v. Monroe
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — No». Berry Q-. Thurman. Judge. (1) That the verdict and judgment is against the evidence, against the weight ,of the evidence, and against the law under the evidence. (2) That instruction 1 given by the court of its own motion is erroneous. (3) That the court erred in refusing the defendant a new trial upon the newly discovered evidence set up in the affidavit attached to the motion for a new trial.
1Opinion of the CourtJohnson, J.
Plaintiff brought suit before a justice of the peace on a promissory note of $74, dated November 28, 1905, due twelve months' after date and bearing interest from date at the rate of eight per cent per annum. The note was signed by A. H. Monroe as principal and W. G. Young and J. D. Phelps as sureties, all of whom were made defendants. The defense is that the note was given in payment of usurious interest demanded by plaintiff on a loan previously made by him to defendant Monroe. Trial in the circuit court where the cause was taken by appeal resulted in a verdict and judgment for plaintiff in…
2Cases cited2 opinions
- State v. SperitusSupreme Court of Missouri · 1905
- Mitchell v. RobertsonMissouri Court of Appeals · 1906
3Cited by4 opinions
- Holland Banking Co. v. DicksSupreme Court of Oklahoma · 1917
- First Nat. Bank of Taloga v. Farmers' State Guaranty Bank of ThomasSupreme Court of Oklahoma · 1916
- Head v. PowellMissouri Court of Appeals · 1922
- Lester v. SpaydMissouri Court of Appeals · 1910