Downing v. Lee
Missouri Court of Appeals
Appeal from. Pettis Circuit Court. — Bow. George F. Longan, Judge. (1) The defense or contention below to the effect that Downing had his full forty acres of land under his deed, and therefore the note, for that reason, was without consideration, can not avail respondent on this appeal ; because appellant introduced, a mass of testimony from divers witnesses showing it was not true and the question on such issue thus became one for the jury and not the judge.
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Appeal from. Pettis Circuit Court. — Bow. George F. Longan, Judge. (1) The defense or contention below to the effect that Downing had his full forty acres of land under his deed, and therefore the note, for that reason, was without consideration, can not avail respondent on this appeal ; because appellant introduced, a mass of testimony from divers witnesses showing it was not true and the question on such issue thus became one for the jury and not the judge. (2) But the note is otherwise supported by an adequate consideration: (a) The compromise of even >a doubtful right, asserted in good…
1Opinion of the CourtBroaddus, J.
This is a suit upon a promissory note for $40, executed by defendant August 21,1899, and payable to plaintiff in sixty days from date. The note was given upon a common-law award had between the maker and the payee, wherein it was awarded that defendant owed plaintiff said sum. The case originated before a justice of the peace and there were no written pleadings, but it is to be gathered from the statement of the defendant’s lawyer to the court and jury that the *608principal defense was, that the note was without consideration.
The facts as shown on the trial, in a general way, were: On the 2nd…
2Cases cited3 opinions
- Curry v. LackeySupreme Court of Missouri · 1865
- Garred v. Macey & DoniphanSupreme Court of Missouri · 1846
- Leonard v. CoxSupreme Court of Missouri · 1876
3Cited by3 opinions
- Lang v. J. C. Nichols Investment Co.Missouri Court of Appeals · 1933
- Fernandes Grain Co. v. HunterMissouri Court of Appeals · 1925
- Milhollin v. MilhollinIndiana Court of Appeals · 1919