Ham v. Barret
Supreme Court of Missouri
Appeal from St. Louis Cowrt of Common Pleas: This was an action on a negotiable promissory note for 1500, dated December 15, 1852, drawn by Miron Leslie, and endorsed by the defendant Barret and discounted by the firm of Page & Bacon for said Leslie. Said note was transferred to the plaintiff, Ham, long after maturity. The defence relied on was payment.
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Appeal from St. Louis Cowrt of Common Pleas: This was an action on a negotiable promissory note for 1500, dated December 15, 1852, drawn by Miron Leslie, and endorsed by the defendant Barret and discounted by the firm of Page & Bacon for said Leslie. Said note was transferred to the plaintiff, Ham, long after maturity. The defence relied on was payment. There was evidence tending to show that in July, 1854, Page & Bacon and M. Leslie had a general settlement of their business transactions and passed receipts. The plaintiff introduced in evidence a receipt dated July 8, 1854, signed by Leslie…
1Opinion of the CourtScott, Judge
This was an action against Barret as endorser of a negotiable note; plea, payment.
We have nothing to do with the question whether the evidence was or was not sufficient to establish the fact of payment. The instructions asked by the defendant and refused by the court, of which complaint is made, were properly refused, inasmuch as they required the court to declare that to be a presumption of law, which was only a presumption of fact to be raised or not as the jury would determine from the circumstances in evidence. There are presumptions of law and presumptions of fact. The former are of a…
2Cited by18 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Morton v. HeidornSupreme Court of Missouri · 1896
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
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