Bowlin v. Creel
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) A promise to pay must be made with full knowledge of all the facts upon the part of the promisor in order to constitute ratification. Cravens v. Gillilan, 63 Mo. 28; Banhv.
Read the full summary
Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) A promise to pay must be made with full knowledge of all the facts upon the part of the promisor in order to constitute ratification. Cravens v. Gillilan, 63 Mo. 28; Banhv. Gillilan, 63 Mo. 33. All the evidence in the case goes to show when the alleged acts of ratification were made, none of the parties knew that the names of W. F. and J. H. Creel had been forged to the note (63 Mo. supra)-, hence there was no evidence to support the verdict and none to go to the jury. Plaintiffs instructions were therefore wrong, and…
1Opinion of the CourtGill, J.
This is an action on a promissory note, alleged to have been executed by the defendants, three brothers, John E., James H., and W. E. Creel. The two latter filed separate answers, under oath, denying the execution of the note. John E. failed to answer. Plaintiff replied to the answers of James H. and W. F. Creel, admitting that said defendants did not sign their names to the note, nor, at the time authorize anyone to do So for them; averred that said John E. Creel signed the names of said defendants, and that subsequently each of the said two defendants, with full knowledge of all the facts,…
2Cases cited2 opinions
- Cravens v. GillilanSupreme Court of Missouri · 1876
- Cravens v. GillilanSupreme Court of Missouri · 1881
3Cited by5 opinions
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Bank v. HannamanWest Virginia Supreme Court · 1908
- Gharst v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Slater v. Supreme Lodge of the Knights & Ladies of HonorMissouri Court of Appeals · 1901
- State ex rel. Morris v. FieldsMissouri Court of Appeals · 1899