Massmann v. Holscher
Supreme Court of Missouri
jError to Sixth District Court. The question here is not whether the writing is to be contradicted or explained, but whether the written note was ever delivered to the plaintiff as a complete and executed instrument. It is surely competent to show by oral testimony that a note sued on was never delivered. To show the character of the possession of a written instrument sued on, does not change, vary or contradict the writing itself. (1 Greenl.
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jError to Sixth District Court. The question here is not whether the writing is to be contradicted or explained, but whether the written note was ever delivered to the plaintiff as a complete and executed instrument. It is surely competent to show by oral testimony that a note sued on was never delivered. To show the character of the possession of a written instrument sued on, does not change, vary or contradict the writing itself. (1 Greenl. Ev., § 204 ; 17 Mo. 79 ; 29 Mo. 465; 11 Pet. 83; 11 Wend. 310, 533 c; 2 Conn. 352; 2 Beasley, N. J., 455; 2 Phill. Ev. 671, 674, and authorities cited;…
1Opinion of the CourtCurrier, Judge
This suit is founded upon two promissory notes drawn by the defendants and payable to the plaintiff. The defendant Holscher answered separately. He admitted the signing of the notes and their delivery to plaintiff, to whom they were payable. He then proceeds to allege that his signature was obtained through the *88false and fraudulent representations of the plaintiff, and details the circumstances which are relied upon as showing the alleged fraud. Among other things it is averred that Holscher signed and delivered the notes to the plaintiff, under an arrangement and verbal understanding with…
2Cases cited4 opinions
- Foley v. CowgillIndiana Supreme Court · 1838
- Smith's Administrators v. ThomasSupreme Court of Missouri · 1860
- Couch v. MeekerSupreme Court of Connecticut · 1817
- Davis v. BartonSupreme Court of Vermont · 1836
3Cited by18 opinions
- Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
- Jones v. ShawSupreme Court of Missouri · 1878
- Trustees of Christian University v. HoffmanMissouri Court of Appeals · 1902
- Ryan v. CookeIllinois Supreme Court · 1898
- Hurt v. FordSupreme Court of Missouri · 1898
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