Dunlap v. Kelly
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — No». George F. Long an, Judge. (1) The court erred in giving the peremptory instruction asked by plaintiff, but should have given the instruction asked by defendant. A general denial in an action on a promissory note by an alleged indorsee thereof puts in'issue the plaintiff’s title to the'note and the genuineness of the indorsements.
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Appeal from Pettis Circuit Court. — No». George F. Long an, Judge. (1) The court erred in giving the peremptory instruction asked by plaintiff, but should have given the instruction asked by defendant. A general denial in an action on a promissory note by an alleged indorsee thereof puts in'issue the plaintiff’s title to the'note and the genuineness of the indorsements. The plaintiff offered no proof of the indorsements on the back of said note and said indorsements were not read or exhibited to the jury. Worrell v. Roberts, 58 Mo. App. 197; Bank v. Pennington, 42 Mo. App. 355; Mayer v. Old,…
1Opinion of the CourtEllison, J.
Plaintiff sued defendant on a negotiable' promissory note and -on peremptory instruction from the trial court a verdict was rendered for her.
The plaintiff was the payee in.the' note and the petition alleged that she transferred it in writing on the back thereof to W. O. Dunlap. That afterwards, said W. O. Dunlap transferred it in writing on the back thereof to plaintiff. That she was the legal owner of the note, etc. The answer was a general denial. At *4the trial plaintiff made no proof of these endorsements. Thereupon counsel for defendant made the point that plaintiff had not proven the case…
2Cases cited9 opinions
- Dugan v. United StatesSupreme Court of the United States · 1818
- Jerome v. WhitneyNew York Supreme Court · 1811
- Worrell v. RobertsMissouri Court of Appeals · 1894
- National Bank of Commerce v. PenningtonMissouri Court of Appeals · 1890
- Walrad v. PetrieNew York Supreme Court · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex inf. Barker v. Armour Packing Co.Supreme Court of Missouri · 1915
- Simpson v. BantleyMissouri Court of Appeals · 1910
- Wade v. BooneMissouri Court of Appeals · 1914
- Long v. LongMissouri Court of Appeals · 1912
- Nance v. HaywardMissouri Court of Appeals · 1914
10 more not listed; retrieve them via the Exa API.