State Bank v. Bartle
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. Jacob Klein, Judge. (1) The circuit court erred in excluding evidence under the seventh defense of defendant Bartle’s answer, and in ruling that said seventh defense constituted no-defense to this action.
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Appeal from St. Louis City Circuit Court.—Hon. Jacob Klein, Judge. (1) The circuit court erred in excluding evidence under the seventh defense of defendant Bartle’s answer, and in ruling that said seventh defense constituted no-defense to this action. Wulff v. Joy, 7 Q. B. 756; Capet v. Butler, 2 Simons and Stewart, 457; Straton v. Bastall, 2 Durn. & East’s Rep. 366; Burr v. Boyer, 2 Neb. 265; Muirhead v. Kirhpatricli, 9 Harris, 237-241; Pickens v. Yarborough, 26 Ala. 417; Watson v. Alcock, 19 English Law & Equity, 64, 239; Word v. Morgan, 5 Sneed, 79; 2 White & Tudor’s Leading Cases in…
1Opinion of the CourtMacearlane, J.
This suit is in three counts, upon three promissory notes against B. F. Doran as maker and "Wrn. G-. Bartle as indorser.
Defendant Doran answered, but made no active defense.
Defendant Bartle answered in seven several defenses. Only one defense made at the trial applied to all the notes, and may be stated in substance as follows:
That defendant Bartle indorsed the notes sued on as security for Doran; that Doran as collateral security delivered to plaintiff a note for $20,000 and two deeds of trust to secure the same, one on land in Cooper county and one on land in Morgan county. The plaintiff…
2Cases cited5 opinions
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Burr v. BoyerNebraska Supreme Court · 1873
- Salisbury v. Renick & PetersonSupreme Court of Missouri · 1869
- Pickens v. Yarborough's AdministratorSupreme Court of Alabama · 1855
- Harness v. Davies County Savings Ass'nSupreme Court of Missouri · 1870
3Cited by26 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Lumbermen's Mutual Casualty Co. v. BissellMichigan Supreme Court · 1922
- O'Rourke v. Lindell Railway Co.Supreme Court of Missouri · 1898
- Long v. MasonSupreme Court of Missouri · 1918
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
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