Brown v. Carson
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Eon. John P. Butler•, Judge. (1) The. court erred in excluding indorsements of payments on the back of the note in suit. Hence an action on the note was commenced within ten years from the date of the last payment indorsed on the note, and if the payment was made by the debtor, then an action on the note was not barred by the statute of limitations. R. S. 1899, sec. 4296; Waltemar v. Schnick’s Estate, 102 Mo.
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Appeal from Carroll Circuit Court. — Eon. John P. Butler•, Judge. (1) The. court erred in excluding indorsements of payments on the back of the note in suit. Hence an action on the note was commenced within ten years from the date of the last payment indorsed on the note, and if the payment was made by the debtor, then an action on the note was not barred by the statute of limitations. R. S. 1899, sec. 4296; Waltemar v. Schnick’s Estate, 102 Mo. App. 142; Elsea v. Pryor, 87 Mo. App. 157; Shannon v. Austin, 67 Mo. 485. (2) But while the last credit indorsed on the note was not sufficient in…
1Opinion of the CourtJohnson, J.
This action originated in the probate court of Carroll county on the 27th day of November, 1906, by the presentation of a promissory note as a demand against the estate of James J. Brody, deceased. The Statute of Limitations was successfully interposed as a defense in the circuit court where the cause was tried on appeal, and in obedience to a peremptory instruction, the jury returned a verdict for defendant. In due course of procedure, plaintiff brought the case here by appeal. Plaintiff offered in evidence as the foundation of his demand, the following promissory note:
“$120.50. Carrollton,…
2Cases cited9 opinions
- Lane v. KingsberrySupreme Court of Missouri · 1848
- Haver v. SchwyhartMissouri Court of Appeals · 1890
- Phillips v. MahanSupreme Court of Missouri · 1873
- Budd v. HoffheimerSupreme Court of Missouri · 1873
- Smith v. ZimmermanMissouri Court of Appeals · 1892
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3Cited by4 opinions
- Caneer v. KentSupreme Court of Missouri · 1938
- Sugent v. Estate of ArnoldSupreme Court of Missouri · 1937
- Fry v. SmithMissouri Court of Appeals · 1912
- Ray v. McConnellMissouri Court of Appeals · 1914