O'Shea v. Lehr
Missouri Court of Appeals
Anneal from St. Louis City Circuit Court. — IIon. William M. Kinsey, Judge. (1) It may be shown by parole evidence that a paper, although in the form of a note, was signed and given as a mere receipt; or to show that the party when signing the paper believed that it was something-different from what it really was, or that there was no consideration for it; or that it was obtained by fraud or trick. 1 Daniel on Negotiable Instruments, pagr, 118; Stoyell v. Stoyell, 82 Me.…
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Anneal from St. Louis City Circuit Court. — IIon. William M. Kinsey, Judge. (1) It may be shown by parole evidence that a paper, although in the form of a note, was signed and given as a mere receipt; or to show that the party when signing the paper believed that it was something-different from what it really was, or that there was no consideration for it; or that it was obtained by fraud or trick. 1 Daniel on Negotiable Instruments, pagr, 118; Stoyell v. Stoyell, 82 Me. 334; Insurance Co. v. Owens, 81 Mo. App. 201; Broyles v. Absher, 107 Mo. App. 169; Wright v. McPike, 70 Mo. 178; Brown v.…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The above statement is the most favorable view of the case to plaintiff, for there is an abundance of contradictory evidence in the record introduced on the part of de-. fendant. Defendant insists that he at no time became a partner with plaintiff in the matter of wrecking the buildings, but merely undertook to aid him upon his urgent solicitation to do so. Defendant says that he advanced the $5000 certified check to plaintiff as a loan and took his note therefor, payable on demand, both parties expecting that the check would be withdrawn from deposit with the…
2Cases cited8 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
- Magee v. VerityMissouri Court of Appeals · 1903
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Tait v. LockeMissouri Court of Appeals · 1908
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3Cited by5 opinions
- Herhalser v. HerhalserMissouri Court of Appeals · 1966
- Dyrssen v. Union Electric Light & Power Co.Supreme Court of Missouri · 1927
- Local Finance Company v. CharltonMissouri Court of Appeals · 1956
- State Ex Rel. Brown v. TrimbleSupreme Court of Missouri · 1929
- Reddick v. Union Electric Light & Power Co.Missouri Court of Appeals · 1922