Bealey v. Blake's Administrator
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The four notes for $125 each bore the indorsement in blank of the payee therein, Norton Blake. They were in the plaintiff’s possession as owner, and were claimed by him; the burden of proving otherwise rested upon the defendant; and in the total absence of all evidence in that direction, the court should have instructed the jury to find as to that item of the set-off in favor of the plaintiff.
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Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The four notes for $125 each bore the indorsement in blank of the payee therein, Norton Blake. They were in the plaintiff’s possession as owner, and were claimed by him; the burden of proving otherwise rested upon the defendant; and in the total absence of all evidence in that direction, the court should have instructed the jury to find as to that item of the set-off in favor of the plaintiff. (2) Title to the land was vested in the plaintiff by the deed from Gilbert Blake, made in pursuance of the directions of Norton…
1Opinion of the CourtGill, J.
Statement. This suit originated in the probate court of Buchanan county, where plaintiff Bealey asked the allowance of an alleged balance due on a note executed by the deceased Blake during his life. No . 0 question was made as to the validity of the note, but a controversy exists as to certain counterclaims interposed by the defendant administrator. These cross demands consist of, first, that Bealey owed the defendant as administrator of the Blake estate the amount of about $1,700 collected by Bealey on certain notes, which at the time of Blake’s death were in the custody of Bealey, but…
2Cases cited2 opinions
- Aubuchon v. LorySupreme Court of Missouri · 1856
- Shouse v. KrusorMissouri Court of Appeals · 1887
3Cited by11 opinions
- Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.Supreme Court of Missouri · 1920
- Everhart v. BrysonSupreme Court of Missouri · 1912
- Bealey v. SmithSupreme Court of Missouri · 1900
- Wacker-Helderle Undertaking & Livery Co. v. KinealyMissouri Court of Appeals · 1945
- Eagan v. MartinMissouri Court of Appeals · 1899
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