Crow v. Crow
Missouri Court of Appeals
Appeal from Washington Circuit Court. — Son. Jos. J. Williams_, Judge. (1) The note sued upon in this case is barred, unless the credit on the said note of twelve dollars will save it from the action of the statute; but the entry of itself is not sufficient evidence that it was made at that time.. and there must be evidence aliunde showing the time when the entry was in fact made. Briscoe v. Huff, 75 Mo.
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Appeal from Washington Circuit Court. — Son. Jos. J. Williams_, Judge. (1) The note sued upon in this case is barred, unless the credit on the said note of twelve dollars will save it from the action of the statute; but the entry of itself is not sufficient evidence that it was made at that time.. and there must be evidence aliunde showing the time when the entry was in fact made. Briscoe v. Huff, 75 Mo. App. 288. (2) The court permitted B. F. Crow, respondent, to testify to the payment of the said twelve dollars by R. M. Crow, who was dead at the time of the institution of this suit, and the…
1Opinion of the CourtBland, P. J.
The action is upon the following promissory note:
“Twelve months after date, we or either of us, promise to pay Joseph Crow or order the sum of three hundred dollars for value received bearing interest from date until paid at ten per cent annum this the fourteenth day of May, 1888.
(Signed) “Jino. E. Crow,
“R, M. Crow.”
The following assignment and credit are indorsed on the back of the note:
“I sign the within note over to B. P. Crow.
(Signed) “J. Crow.
“February 10, 1898.
“Paid on the within note by R. M. Crow, forty bu. oats at 30c per bu. $12.00.”
The payee has been dead for a number of years. R.…
2Cases cited19 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Roseboom v. BillingtonNew York Supreme Court · 1819
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Miller v. BrydenMissouri Court of Appeals · 1889
- Haver v. SchwyhartMissouri Court of Appeals · 1890
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Edwards v. DurhamSupreme Court of Missouri · 1961
- Spangler-Bowers v. BentonMissouri Court of Appeals · 1935
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Newdiger v. Kansas CitySupreme Court of Missouri · 1938
- Proctor v. GarmanMissouri Court of Appeals · 1920
4 more not listed; retrieve them via the Exa API.