Mauch v. Hornback
Missouri Court of Appeals
Appeal from Jasper Circuit Court . — Hon. J. D. Perkins, Judge. Considering the whole record it is apparent that the appellant is entitled to a judgment for the amount of the notes sued upon with interest. Such judgment therefor should he entered up in this , court.
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Appeal from Jasper Circuit Court . — Hon. J. D. Perkins, Judge. Considering the whole record it is apparent that the appellant is entitled to a judgment for the amount of the notes sued upon with interest. Such judgment therefor should he entered up in this , court. Ringo v. Richardson, 53 Mo. 385; Hunt v. Railroad, 89 Mo. 607; Pine v. Schools, 39 Mo. 59; Murdock v. G-anahl, 47 Mo. 135; State to use of Heckart, 62 Mo. 427. (1) The case having been tried by the court and no findings of fact having been made, no declarations of law having been asked for or given, no exceptions having been taken…
1Opinion of the CourtSmith, P. J.
This cause was brought here by appeal on another occasion, (98 Mo. App. 389) when we approved the action of the circuit court granting a new trial. Before the new trial took place the defendants filed an amended answer admitting the execution of the notes sued on hut denying the assignment. It further pleaded a contract of warranty and assigned several specific breaches thereof. These allegations were sup*626plemented with a counterclaim whereby the defendants sought to recover the four hundred dollars cash payment made on the purchase of the machine — the notes being given for the balance of it…
2Cases cited4 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
- Rice, Stix & Co. v. McClure & HarperMissouri Court of Appeals · 1898
- Maugh v. HornbeckMissouri Court of Appeals · 1903