Worrell v. Roberts
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The general denial, though coupled with an independent defense, was sufficient to put in issue plaintiff’s title. Cavitt v. Tharp, 30 Mo. App. 134. (2) An indorsement purporting to be signed by the payee of a note, unsupported by evidence aliunde,'is not sufficient. Bank v. Pennington, 42 Mo. App. 355.
1Opinion of the CourtRombaueb, P. J.
This is a suit upon a promissory note by the alleged indorsee against the makers. The petition is in the usual form, averring an indorsement and transfer of the note before its maturity by the payees to the plaintiff.. The answer contains a general denial, and plea of failure of consideration of which the plaintiff had notice at the date of the alleged transfer to him. The answer was sufficient to put in issue the plaintiff’s title to the note, and the genuineness of the indorsements. Sturdevant v. Rehard, 60 Mo. 152; Cavitt v. Tharp, 30 Mo. App. 131.
The cause was tried by the court without a…
2Cases cited4 opinions
- National Bank of Commerce v. PenningtonMissouri Court of Appeals · 1890
- Cavitt v. TharpMissouri Court of Appeals · 1888
- Reinhard v. Dorsey Coal Co.Missouri Court of Appeals · 1887
- Sturdevant v. RehardSupreme Court of Missouri · 1875
3Cited by11 opinions
- Baade v. CramerSupreme Court of Missouri · 1919
- Dunlap v. KellyMissouri Court of Appeals · 1904
- Wade v. BooneMissouri Court of Appeals · 1914
- John Deere Co. of St. Louis v. DavisMissouri Court of Appeals · 1960
- Securities Investment Co. v. HicksMissouri Court of Appeals · 1969
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