Richardson v. Lowry
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. John I). Parkinson, Judge. t 1. Under the pleadings, the ownership of the note is conceded to be in the husband, that being alleged in that part of the answer not stricken out, and not controverted by reply or otherwise. Bartholow v. Campbell, 56 Mo. 117. 2. The debt evidenced by the lost note, being a just demand against plaintiff, J. H..
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Appeal from Vernon Circuit Court. — Hon. John I). Parkinson, Judge. t 1. Under the pleadings, the ownership of the note is conceded to be in the husband, that being alleged in that part of the answer not stricken out, and not controverted by reply or otherwise. Bartholow v. Campbell, 56 Mo. 117. 2. The debt evidenced by the lost note, being a just demand against plaintiff, J. H.. Richardson, created before the execution of the note sued on, and having been assigned in good faith, for value, to defendant long before the'commencement of this action, should, under the facts alleged in the…
1Opinion of the CourtNapton, J.
This action was upon a note made November 17th, 1874, by the defendant to Mrs. Richardson, for $225, payable in two years after date. The suit was commenced in April, 1877. The note was credited with $25, paid November 25th, 1876. The answer admits the execution of the note, and that payment was made on it of the $25, but sets up the following defense : “Further answering, defendant says that the plaintiffs ought not to have and maintain their said supposed cause of action in the form alleged against defendant, for defendant says that plaintiff, J. H. Richardson, on the 31st day of October,…
2Cited by6 opinions
- Love v. FrancisMichigan Supreme Court · 1886
- Foley v. HarrisonSupreme Court of Missouri · 1911
- Thomas v. ThomasSupreme Court of Missouri · 1891
- Case v. EspenschiedSupreme Court of Missouri · 1902
- Brunner v. Title Insurance and Trust CompanyCalifornia Court of Appeal · 1914
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