Wood v. Motley
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben F. Roy, Judge. Cl) The court should have permitted the plaintiff, Sallie A. Wood, to testify, that it was represented to her that the defendant Motley only wanted the plaintiffs’ note as security, and that they were induced to execute it by that representation.
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Appeal from the Pike Circuit Court. — Hon. Reuben F. Roy, Judge. Cl) The court should have permitted the plaintiff, Sallie A. Wood, to testify, that it was represented to her that the defendant Motley only wanted the plaintiffs’ note as security, and that they were induced to execute it by that representation. John TL Wood testified that he went to- see them at the solicitation of Motley, to get them to give their note as security for the $390. Said Wood communicated that request to them and induced them to execute the note. The evidence was proper to show the relations of the payee and the…
1Opinion of the CourtBond, J.
This suit is to restrain the foreclosure of a deed of trust given by plaintiffs to secure a note for $390 executed by them to defendant Motley. The transaction out of which the note arose was, to wit: In March, 1893, the son of plaintiffs bought 160 acres of land from defendant, Motley, agreeing to pay therefor, $400 in cash and to give his *100note, secured by a deed of trust on the land, for the remaining $1,400. In consummating this trade defendant Motley agreed with the purchaser, in lieu of the cash payment, to take $10 in cash from him, and a note executed by his parents for $390,. secured…
2Cases cited2 opinions
- McMillan v. ParkellSupreme Court of Missouri · 1876
- Picot v. SigniagoSupreme Court of Missouri · 1856
3Cited by5 opinions
- Myers v. ChesleyMissouri Court of Appeals · 1915
- Reissaus v. WhitesMissouri Court of Appeals · 1907
- First National Bank v. WellsMissouri Court of Appeals · 1903
- Stephenson v. Joplin State BankMissouri Court of Appeals · 1911
- Finch v. HeebMissouri Court of Appeals · 1937