Gage v. Averill
Missouri Court of Appeals
Appeal from the Pemiscot Circuit Court. — Hon. H. C. O’Bbyan, Judge. (1) It was error for the trial court to refuse instruction number 5, which declared that the plaintiff was entitled to recover, if he purchased the notes in suit before maturity and in good faith and without any knowledge of the facts pleaded by way of defense in the answer of the defendants.
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Appeal from the Pemiscot Circuit Court. — Hon. H. C. O’Bbyan, Judge. (1) It was error for the trial court to refuse instruction number 5, which declared that the plaintiff was entitled to recover, if he purchased the notes in suit before maturity and in good faith and without any knowledge of the facts pleaded by way of defense in the answer of the defendants. Mayes v. Bobinson, 93 Mo. 114, 122; Hamilton v. Marks, 63 Mo. 167; Johnson v. McMurray, 72 Mo. 278. A promissory note imports a consideration, and raises the presumption of its validity, and when offered in evidence establishes a prima…
1Opinion of the CourtRombauer, P. J.
— This' is a suit by the plaintiff, as indorsee of two negotiable promissory notes, against the defendants who are makers of the notes. The cause was tried by the court sitting as a jury, and the trial resulted in a judgment for the defendants. The plaintiff, appealing, assigns for error the ruling of the court on the evidence, and the refusal of his instructions.
The plaintiff’s petition is founded upon the two notes which are signed by . all the defendants, eighty-eight in number. The notes are in the usual form of such notes. Both bear date October 1, 1890, and are payable to the order of…
2Cases cited11 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Cunningham v. SnowSupreme Court of Missouri · 1884
- International Bank v. German BankSupreme Court of Missouri · 1879
- Moore v. Bank of CommerceSupreme Court of Missouri · 1873
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3Cited by2 opinions
- Pierce Loan Co. v. KillianMissouri Court of Appeals · 1910
- Lewiston Savings Bank v. LawsonMissouri Court of Appeals · 1901