Jasper County Bank v. Barts
Missouri Court of Appeals
Appeal from Bates Circuit Court-.— Hon. Charles A., Denton, Judge. (1) The question of whether or not the shredder fulfilled the warranty thereof was for the jury likewise, the question of whether or not there was a failure of consideration for the note sued on in count one was a question for the jury. Where there is any evidence from which a jury might find the fact necessary to a defense, the same should go to the jury. Thomas v. Express Co., 30 Mo.
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Appeal from Bates Circuit Court-.— Hon. Charles A., Denton, Judge. (1) The question of whether or not the shredder fulfilled the warranty thereof was for the jury likewise, the question of whether or not there was a failure of consideration for the note sued on in count one was a question for the jury. Where there is any evidence from which a jury might find the fact necessary to a defense, the same should go to the jury. Thomas v. Express Co., 30 Mo. App. 86; Twohey v. Pruin, 96 Mo. 104. (2) The defense of breach of warranty and failure of consideration are not inconsistent. Implement Co. v.…
1Opinion of the CourtBeoaddus, P. J.
This is a suit on two negotiable promissory notes. The petition contains a separate count on each note. The first declares on a note for $465 executed October 3, 1905, due December 20, 1905, bearing interest at eight per cent per annum from maturity; the second one a note for $75 dated October 3, *6371905j and due December 20, 1905, bearing interest at eight per cent per annum from maturity. These notes were made payable to the order of the Parsons Band Cutter & Self Feeder Company, a corporation of the State of Iowa and endorsed to the plaintiff before due. The consideration for the first…
2Cases cited6 opinions
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Nichols-Shepard Co. v. RhoadmanMissouri Court of Appeals · 1905
- Compton v. ParsonsSupreme Court of Missouri · 1882
- New Birdsall Co. v. KeysMissouri Court of Appeals · 1903
- Miles v. WithersMissouri Court of Appeals · 1898
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3Cited by5 opinions
- Dugan v. TroutMissouri Court of Appeals · 1954
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- Gaar-Scott & Co. v. NelsonMissouri Court of Appeals · 1912
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
- Brooks Tire Machine Co. v. WellsMissouri Court of Appeals · 1914