Hyde v. Hazel
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Richard Field, Judge. (1) No evidence of payment of the notes sued on was admissible, because payment was not pleaded. Myers’ Supplement to Whittelsey’s Practice, sec. 163, subd. m; Martin v. Pugh, 23 Wis. 184; Hubler v. Pullen, 9 Ind. 273 ; Balter v. Kistler, 13 Ind. 63 ; McEyring v. Bull, 16 N. Y. 297 ; Texier v. Gouin, 5 Duer. 389 ; R. S. 1889, sec. 2049 ; Smith Go. v. Rembaugh, 21 Mo.
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Appeal from the Jackson Circuit Court. — Hon. Richard Field, Judge. (1) No evidence of payment of the notes sued on was admissible, because payment was not pleaded. Myers’ Supplement to Whittelsey’s Practice, sec. 163, subd. m; Martin v. Pugh, 23 Wis. 184; Hubler v. Pullen, 9 Ind. 273 ; Balter v. Kistler, 13 Ind. 63 ; McEyring v. Bull, 16 N. Y. 297 ; Texier v. Gouin, 5 Duer. 389 ; R. S. 1889, sec. 2049 ; Smith Go. v. Rembaugh, 21 Mo. App. 393. Willterson v. Farnham, 82 Mo. 678, is strongly in point and cites ; Bliss on Code Pleading, sec. 358; Ennis v. Hogan, 47 Mo. 513 ; Stevens v.…
1Opinion of the CourtEllison, J.
This action, is founded on two promissory notes executed by the defendant to one'Welch-man, and by him indorsed to one Barton, and bydiim transferred to plaintiff since the beginning of the. suit, plaintiff being substituted for Barton. The answer was a general denial, and, “by way of cross petition,” alleged that Barton was indebted to defendant in the sum of $300, that sum “being the agreed rental of a certain cheese factory” for the years 1881, 1882 and 1883, “at a rental agreed on between this defendant and said plaintiff, for $100 per year.”
Evidence of various cash payments were admitted…
2Cases cited4 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- George T. Smith Middlings Purifier Co. v. RembaughMissouri Court of Appeals · 1886
- Wilkerson v. FarnhamSupreme Court of Missouri · 1884
- Gullett v. Hoy & OrtonSupreme Court of Missouri · 1852
3Cited by2 opinions
- Guinotte v. RidgeMissouri Court of Appeals · 1891
- Freiermuth v. McKeeMissouri Court of Appeals · 1900