Evans v. Foreman
Supreme Court of Missouri
Error to Linn Circuit Court. cited in argument 2 Pars. Bills & N., pp. 570, 571 ; Hervey vs. Hervey, 15 Minn., 857; Nevins vs. DeGrand, 15 Mass., 436; Kountz vs. Kennedy, 63 Penn. St., 187; Drakes vs. Fray, 7 Push Ky., 273. cited in argument, 1 Greenl. Ev., § 565 ; 2 Pars. Notes & B., 545; Haskell vs. Champion, 30 Mo., 136; Brit-ton vs. Dierker, 46 Mo. 591; Holmes vs. Trumper, 22 Mich., 427; 7 Am. Eep., 661; Whitmer vs. Frye, 10 Mo'., 348; Fulmer vs. Seitz, 68 Penn.
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Error to Linn Circuit Court. cited in argument 2 Pars. Bills & N., pp. 570, 571 ; Hervey vs. Hervey, 15 Minn., 857; Nevins vs. DeGrand, 15 Mass., 436; Kountz vs. Kennedy, 63 Penn. St., 187; Drakes vs. Fray, 7 Push Ky., 273. cited in argument, 1 Greenl. Ev., § 565 ; 2 Pars. Notes & B., 545; Haskell vs. Champion, 30 Mo., 136; Brit-ton vs. Dierker, 46 Mo. 591; Holmes vs. Trumper, 22 Mich., 427; 7 Am. Eep., 661; Whitmer vs. Frye, 10 Mo'., 348; Fulmer vs. Seitz, 68 Penn. St., 237.’
1Opinion of the CourtSherwood, Judge
Action on promissory note. Plea, non est factum, accompanied by special and explanatory statement to the effect that the note was signed by defendant as surety of his co-defendant Johnson, and that after issue the instrument received an unauthorized alteration by the addition thereto of the words ; “ after due 10 per cent!’ Suit discontinued as to maker Johuson. There was no denial of the allegation of the petition that certain payments on the note sued, had been made by the defendant.
The reply alleged that the note, by mistake, was not drawn in accordance with the intention of'parties; that…
2Cases cited4 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Chappell v. SpencerNew York Supreme Court · 1857
- Moore v. Lessee of BickhamSupreme Court of Pennsylvania · 1811
3Cited by25 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
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