Hair v. Edwards
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Ho». John P. Butter, Judge. (1) The note in suit was produced in evidence by the executrix of R. M. Hair, from which fact it may fairly be inferred that the note belonged to B. M. Hair at the time of his death. (2) Evidences of debt of all kinds, found in the possession of a decedent at the time of his death, raise the presumption that the decedent was the owner of such evidences of debt at the time of his death. 11 Ency.
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Appeal from Linn Circuit Court. — Ho». John P. Butter, Judge. (1) The note in suit was produced in evidence by the executrix of R. M. Hair, from which fact it may fairly be inferred that the note belonged to B. M. Hair at the time of his death. (2) Evidences of debt of all kinds, found in the possession of a decedent at the time of his death, raise the presumption that the decedent was the owner of such evidences of debt at the time of his death. 11 Ency. L. (2 Ed.), p. 829, footnote 1; Bobbins v. Bobbins (Ky. 1886), 1 S. W. 152; Karseh’s Estate, 133 Pa. St. 84,153 Pa. St. 397, 32 W. N. 0.…
1Opinion of the CourtBboaddus, J.
This suit was begun in a justice’s court where it was tried and appealed to the circuit court, where it was again tried; and the judgment being against the plaintiff she appealed to this court.
The action is founded upon a negotiable promissory note executed by defendants and made payable to one J. M. Johnson, dated March 15, 1901, and payable in thirty days after date. There is no indorsement of the note and no written transfer of any kind to B. M. Plair, the plaintiff’s testator who died in November of *215said year. It was shown at the trial that the note in question was delivered by the…
2Cases cited4 opinions
- Dorn v. ParsonsSupreme Court of Missouri · 1874
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Rice v. McFarlandMissouri Court of Appeals · 1890
- Tapley v. HermanMissouri Court of Appeals · 1902
3Cited by8 opinions
- Scotland County National Bank v. HohnMissouri Court of Appeals · 1910
- Escamilla v. PingreeUtah Supreme Court · 1914
- Wade v. BooneMissouri Court of Appeals · 1914
- County of Ada v. ClarkIdaho Supreme Court · 1927
- Bosse v. WeikMissouri Court of Appeals · 1910
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