Weimer v. Shelton
Supreme Court of Missouri
Appeal from the Circuit Court of St. Louis county. The only question here is as to the validity of the plea,. ^ea s^ows au ainount °f us|iry that covers the whole' claimed, and avers the note void.
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Appeal from the Circuit Court of St. Louis county. The only question here is as to the validity of the plea,. ^ea s^ows au ainount °f us|iry that covers the whole' claimed, and avers the note void. The demurrer admits the usury, and so admitting avoids the note under the? statute- See R. C. page 333, sec. 4. 1st. That the record shows nothing to rebut the conclusion that evidence was given under the common counts, upon which the court below might properly have rendered the judgment it did. There should have been a bill of exceptions to show that no such evidence was given. 2d. That the…
1Opinion of the Court
Opinion of the Court by
Napton, Judge.
John G. Shelton brought an action of assumpsit against Weimar, on a negotiable note drawn by one George W. *239‘Cali lo the order of said Weimar, and endorsed by to the defandant in error. The note was for three dollars, payable in four months. The declaration contained a special count on the note and the common counts. The defendant, Weimar, pleaded, first, non-assumpsit; second,, set-off; third, payment; and lastly, a special plea in bar, setting forth a usurious transaction between Call and Shelton. This last plea commenced in the form usual when the plea…
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