Sanders v. North End Building & Loan Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Wm. Zachrits, Judgé. (1) There was no evidence before the court on which to base the admission of the notes sued on, and they should have been excluded and the jury should have been instructed at the close of plaintiff’s case that on the evidence he could not recover.
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Appeal from St. Louis City Circuit Court. — How. Wm. Zachrits, Judgé. (1) There was no evidence before the court on which to base the admission of the notes sued on, and they should have been excluded and the jury should have been instructed at the close of plaintiff’s case that on the evidence he could not recover. (2) The notes sued on were not submitted to the jury for comparison with genuine signatures or writings of Charles James; ' no comparison was made by the jury, and no witnesses testified that, of their own knowledge, or as the result of a comparison with genuine signatures or…
1Opinion of the CourtMarshall, J.
This is a suit upon five promissory notes, aggregating $4,625, dated between February 8 and December 10, 1896, and alleged to have been signed by Charles James, the president of the defendant association. The answer is a plea of non est factum, verified as the statute requires. The reply is a general denial, coupled with a plea of estoppel, but upon the trial the court limited the case to the plea of non est factmn. There was a verdict for the plaintiff for the amount claimed, with interest, from which the defendant appealed. The facts will be discussed in the opinion.
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2Cases cited4 opinions
- Sanders v. ChartrandSupreme Court of Missouri · 1900
- Graves v. HyattTennessee Supreme Court · 1858
- St. Louis National Bank v. HoffmanMissouri Court of Appeals · 1898
- Sharp v. WilliamsTennessee Supreme Court · 1858
3Cited by5 opinions
- State v. PaceSupreme Court of Missouri · 1917
- Wissmann v. PearlineMissouri Court of Appeals · 1940
- Atchison, Topeka & Santa Fe Railway Co. v. TackCourt of Appeals of Texas · 1910
- Galveston, Harrisburg & San Antonio Railway Co. v. MannsCourt of Appeals of Texas · 1904
- Vanausdol v. Bank of OdessaMissouri Court of Appeals · 1928