George T. Smith Middlings Purifier Co. v. Rembaugh
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P„ Strother, Judge. Tlie case is stated in the opinion. I. In a suit on a note the only effect of the want of an affidavit to the answer, denying all the allegations of the petition, is that plaintiff may read the note in evidence without proof of its execution.
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Appeal from Pettis Circuit Court, Hon. John P„ Strother, Judge. Tlie case is stated in the opinion. I. In a suit on a note the only effect of the want of an affidavit to the answer, denying all the allegations of the petition, is that plaintiff may read the note in evidence without proof of its execution. Sect. 3653, Rev. Stat. But under such answer all other defences are open to defendant, as before the statute requiring the affidavit in order to put plaintiff to the necessity of proving execution of note. Klein v. Keys, 17 Mo. 326 • Bates v. Hinton, 4 Mo. 78; Carpenter v.…
1Opinion of the CourtPhilips, P. J.
— This is an action founded on a promissory note for the payment of money, alleged in the petition to have been executed by defendant to plaintiff *392. — a corporation. The answer was simply a- general denial, not verified by affidavit. Plaintiff moved the court for judgment, notwithstanding the answer, as it tendered no matter of defence, not being sworn to. The court sustained the motion, and rendered judgment accordingly. Defendant prosecutes this appeal from said judgment.
Appellant insists that the only effect of want ‘of affidavit to the answer was to admit in evidence the note, without any…
2Cases cited6 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Greenway v. JamesSupreme Court of Missouri · 1864
- Cavender v. WaddinghamMissouri Court of Appeals · 1876
- Corby v. WeddleSupreme Court of Missouri · 1874
- Carpenter v. Inhabitants of LathropSupreme Court of Missouri · 1873
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3Cited by21 opinions
- Federal Deposit Insurance Corporation v. CrismonSupreme Court of Missouri · 1974
- Carter v. OsterMissouri Court of Appeals · 1908
- Johnson v. Sovereign Camp of Woodmen of the WorldMissouri Court of Appeals · 1906
- Beck & Pauli Lithographing Co. v. ObertMissouri Court of Appeals · 1892
- Emery v. G. H. Boehmer Shoe Co.Missouri Court of Appeals · 1912
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