First National Bank v. Bennett
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — Eon. Alomo D. Burnes, Judge. (1) Tbe action of tbe court in giving tbe peremptory instruction on tbe part of tbe plaintiff was proper; and tbe court committed error in sustaining defendants’ motion for a new trial. Bank v. Bank, 109 Mo. App. 665; Poindexter v. McDowell, 110 Mo.
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Appeal from DeKalb Circuit Court. — Eon. Alomo D. Burnes, Judge. (1) Tbe action of tbe court in giving tbe peremptory instruction on tbe part of tbe plaintiff was proper; and tbe court committed error in sustaining defendants’ motion for a new trial. Bank v. Bank, 109 Mo. App. 665; Poindexter v. McDowell, 110 Mo. App. 233. (2) Plaintiff having proven tbe indorsement and ownership of tbe note, and no contradictory testimony being' offered, then under tbe pleadings tbe peremptory instruction given at tbe request of tbe plaintiff is proper. Bank v. Haineline, 67 Mo. App. 483; Emmert v. Meyer, 65…
1Opinion of the CourtBroaddus, P. J.
The plaintiff is a national banking corporation located in Lincoln, Nebraska. The defendants are residents of DeKalb county, Missouri. The plaintiff’s suit is founded on a negotiable promissory note executed by the defendants and payable to Watson, Woods Bros. & Kelly Co., a corporation engaged in the importation and sale of stallions. The petition alleges the purchase and assignment of the note before maturity for a valuable consideration. Petition also alleges that the mortgage was given to secure the payment of said note, upon a certain stallion, and judgment is asked for the amount of the…
2Cases cited5 opinions
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Steamboat City v. MatthewsSupreme Court of Missouri · 1859
- Pritchard v. Hooker & NixdorfMissouri Court of Appeals · 1905
- Emmert v. MeyerMissouri Court of Appeals · 1896
- Poindexter v. McDowellMissouri Court of Appeals · 1905
3Cited by3 opinions
- Morris v. Kansas CityMissouri Court of Appeals · 1906
- Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- McMahon v. WelshMissouri Court of Appeals · 1908