Johnson v. Grayson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The peremptory instruction for the plaintiff was properly given, (a') Excluding the testimony of Johnson, he was still entitled to recover upon the defendant’s own evidence. Delivery is presumed from possession of a note. Pitts v. Sheriff, 108 Mo. 110;-Tapley v. Hermann, 95 Mo, App. 537. . The law presumes a consideration.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The peremptory instruction for the plaintiff was properly given, (a') Excluding the testimony of Johnson, he was still entitled to recover upon the defendant’s own evidence. Delivery is presumed from possession of a note. Pitts v. Sheriff, 108 Mo. 110;-Tapley v. Hermann, 95 Mo, App. 537. . The law presumes a consideration. R. S. 1899, sec. 894; Bogie v. Nolan, 96 Mo.. 85'. The testimony proved the title in the plaintiff. The evidence given by Greenwood disproved the defense that the note sued on was without…
1Opinion of the CourtFox, J.
This is a suit on a note for $4900, pay-
able on or before two years after date to the order of Edward S. Warner, dated September 15, 1892, with interest at eight per cent from maturity, and signed by Robert K. Woods and Lucy H. Woods, brought by the. plaintiff, who claims Warner pledged the note to him on August 19, 1893, as collateral security for the payment of note of that date for $2300 made by Warner to plaintiff as payee.
The trial court gave a peremptory instruction to the jury to find for plaintiff, and they, after some reluctance, returned a verdict, on April 26, 1904, for $8668.01.…
2Cases cited34 opinions
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Fisher v. FisherMassachusetts Supreme Judicial Court · 1867
- Haas v. Bank of CommerceNebraska Supreme Court · 1894
- Marx v. HartSupreme Court of Missouri · 1902
- Citizens' National Bank v. DonnellSupreme Court of Missouri · 1903
29 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Lee v. Baltimore Hotel Co.Supreme Court of Missouri · 1939
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
41 more not listed; retrieve them via the Exa API.