McCormack Harvesting Machine Co. v. Blair
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Eon. David E. Eby, Judge. (1) The court erred in admitting evidence in behalf of the plaintiff, the notes sued on, as their alteration was not explained. Kelley v. Thuey, 143 Mo. 422; Land Co. v. Tie Co., 89 Mo. App. 556. (2) The court erred in overruling defendant’s objection to the witness, Gordon, testifying as to exhibits A and B that was properly testimony in chief.
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Appeal from Pike Circuit Court. — Eon. David E. Eby, Judge. (1) The court erred in admitting evidence in behalf of the plaintiff, the notes sued on, as their alteration was not explained. Kelley v. Thuey, 143 Mo. 422; Land Co. v. Tie Co., 89 Mo. App. 556. (2) The court erred in overruling defendant’s objection to the witness, Gordon, testifying as to exhibits A and B that was properly testimony in chief. (3) The court erred in refusing to give the instruction asked by defendant. (4) The court erred in giving the instruction asked by plaintiff, peremptorily instructing the jury to find for the…
1Opinion of the CourtNortoni, J.
In this case the petition contains three counts. The first two declare upon promissory notes and the third declares in assumpsit for an amount alleged to be due for a harvesting machine sold to the defendant. The indebtedness sued for in the third count is for the same consideration as that represented by the two promissory notes declared upon in the first and second counts. The defendant admitted having purchased the harvesting machine mentioned in- the third count and the original indebtedness therefor, but pleaded that he had executed the promissory notes declared upon in the first and…
2Cases cited31 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- McMurray v. TaylorSupreme Court of Missouri · 1860
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Evans v. ForemanSupreme Court of Missouri · 1875
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3Cited by10 opinions
- Ridenour v. DuncanSupreme Court of Missouri · 1956
- Barton Lumber Co. v. GibsonMissouri Court of Appeals · 1913
- McCormick Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1914
- People's State Savings Bank v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1915
- Big Four Implement Co. v. ChesneyMissouri Court of Appeals · 1920
5 more not listed; retrieve them via the Exa API.