Kalamazoo National Bank v. Clark
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The notes being unconditional promises to pay certain sums of money, it was incompetent for the defendant to show a prior or contemporary agreement, not reduced to writing, “that, if the wind mill did not work and give satisfaction, etc., the notes were to be null and void.” Ewing v. Ciar7c, 8 Mo. App. 570; 76 Mo. 545; Frissell v. Mayer, 13 Mo.
Read the full summary
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The notes being unconditional promises to pay certain sums of money, it was incompetent for the defendant to show a prior or contemporary agreement, not reduced to writing, “that, if the wind mill did not work and give satisfaction, etc., the notes were to be null and void.” Ewing v. Ciar7c, 8 Mo. App. 570; 76 Mo. 545; Frissell v. Mayer, 13 Mo. App. 331; Henshaw v. Dutton, 59 Mo. 139; 67 Mo. 666. Where a party voluntarily signs a note, having full and unrestricted means of ascertaining the true character of such…
1Opinion of the CourtSmith, P. J.
This is a suit upon two promissory notes negotiable in form, made by the defendant to the Phillips & Bigelow Wind Mill Company, a manufacturing corporation of the state of Michigan, and by it assigned to the plaintiff, a banking corporation of the same state. It is alleged in the petition that the wind mill company sold and assigned by indorsement thereon in writing said promissory notes before the maturity thereof. The defense interposed by the answer was that of non est factum. There was a trial which resulted in judgment for defendant, to reverse which plaintiff appeals.
The errors…
2Cases cited16 opinions
- Walker v. EbertWisconsin Supreme Court · 1871
- Wait v. PomeroyMichigan Supreme Court · 1870
- Shirt v. OverjohnSupreme Court of Missouri · 1875
- Cline v. GuthrieIndiana Supreme Court · 1873
- Taylor v. AtchisonIllinois Supreme Court · 1870
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank v. HallMissouri Court of Appeals · 1908
- Gate City National Bank v. BuntonSupreme Court of Missouri · 1927
- Local Finance Company v. CharltonMissouri Court of Appeals · 1956
- Law v. CrawfordMissouri Court of Appeals · 1896
- J. R. Watkins Co. v. ThompsonMissouri Court of Appeals · 1936
3 more not listed; retrieve them via the Exa API.