McCoy v. Green
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. John O. Anderson, Judge. (1) Appellants were entitled to judgment on the note against Olías. L. Oreen. His answer only alleges that the note was assigned without consideration. The assignment being in writing imported a consideration. Abbott’s Trial Ev. 4. The burden was on him to show that there was no consideration and he offered no proof. 'This judgment is an entirety and for this error the whole case must be reversed. Ins.
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Appeal from Clark Circuit Court. — Hon. John O. Anderson, Judge. (1) Appellants were entitled to judgment on the note against Olías. L. Oreen. His answer only alleges that the note was assigned without consideration. The assignment being in writing imported a consideration. Abbott’s Trial Ev. 4. The burden was on him to show that there was no consideration and he offered no proof. 'This judgment is an entirety and for this error the whole case must be reversed. Ins. Co. v. Clover, 36 Mo. 393. (2) The question of duress is not in this case. A case •can only be tried and decided upon the issues…
1Opinion of the CourtBlack, J.
This was a suit to foreclose a mortgage given by the defendants, who are husband and wife, upon the lands of the wife; and made to secure a note given by both defendants and payable to Joseph McCoy, and *631by Mm assigned .to plaintiffs. The defendants filed separate answers. The cause was tried by the court. There was judgment for the defendants. No instructions were asked or given. The cause is here mainly upon the alleged ground that the answer of the defendant, Huida Green, constituted no defence and on the pleadings and the evidence the judgment should have been for the plaintiffs.
When…
2Cases cited7 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Taylor v. JaquesMassachusetts Supreme Judicial Court · 1871
- Sumner v. SummersSupreme Court of Missouri · 1873
- First National Bank v. MarlowSupreme Court of Missouri · 1880
- Samstag v. ConleySupreme Court of Missouri · 1877
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3Cited by20 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- Ensminger v. BurtonMissouri Court of Appeals · 1991
- Mechanics'-American Nat. Bank v. ColemanCourt of Appeals for the Eighth Circuit · 1913
- Y.W. ex rel. Smith v. National Super Markets, Inc.Missouri Court of Appeals · 1994
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