Farmers' Bank of Maitland v. Myers
Missouri Court of Appeals
Appeal from the Holt Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The defendants answer separately, and the only defense imposed is that the defendants did not sign the note. The first instruction is erroneous, because it requires that both of the defendants must have signed the note, or neither was liable. (2) The third instruction is erroneous.
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Appeal from the Holt Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The defendants answer separately, and the only defense imposed is that the defendants did not sign the note. The first instruction is erroneous, because it requires that both of the defendants must have signed the note, or neither was liable. (2) The third instruction is erroneous. Under this instruction said defendant would not be liable on the note, though she had signed the name of John Myers to it herself, or consented to its being so signed, before it was ever delivered to the payee. At most, the signing or forging…
1Opinion of the CourtSmith, P. J.
— The plaintiff bank sued the defendants on a promissory note purporting to have been executed by them to ¥m. Downing for $150, and by the latter indorsed before maturity for value to the bank. The defendants interposed as a defense the plea of non est factum.
The plaintiff introduced expert evidence tending to establish the signature of Mrs. Myers to the note by *160comparison of it with an admittedly genuine extrinsic-signature of hers. There was no objection to this-method of proving her signature to the note, nor to the standard of comparison so introduced.
There was no evidence adduced which…
2Cases cited10 opinions
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Miller v. FinleyMichigan Supreme Court · 1872
- Lyon v. StrongSupreme Court of Vermont · 1834
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Moore v. HutchinsonSupreme Court of Missouri · 1879
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3Cited by3 opinions
- Higgins v. Deering Harvester Co.Supreme Court of Missouri · 1904
- Allen v. DornanMissouri Court of Appeals · 1894
- Middaugh v. ElliottMissouri Court of Appeals · 1895