Paramore v. Lindsey
Supreme Court of Missouri
Appeal from Clinton Circuit Court. I. The fact that the other two notes were given to another person for his interest in some cattle ought not to exclude them from the jury. They were a part of the res gestee. IT. The court was hound to hear evidence, under the motion for a new trial,in regard to the character of the alleged discussion of the jury. Until an investigation was had,-the court could not know that no injury resulted. III.
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Appeal from Clinton Circuit Court. I. The fact that the other two notes were given to another person for his interest in some cattle ought not to exclude them from the jury. They were a part of the res gestee. IT. The court was hound to hear evidence, under the motion for a new trial,in regard to the character of the alleged discussion of the jury. Until an investigation was had,-the court could not know that no injury resulted. III. The court erred in giving the third instruction asked by respondent. Where the alteration or interlineation appears on the face of the instrument, the party…
1Opinion of the CourtWagner, Judge
This was an action by the plaintiff as indorsee of a negotiable promissory note against the defendants as makers.
The note was duly indorsed and transferred before maturity; and the defense set up was that it was altered after defendants signed .and delivered it. The alleged alteration consisted in the erasure of the words in the printed form “ after maturity,” the effect and operation of which was to make the note draw interest from date. Whether there was an alteration, as the. defendants contend, was a’question of fact; and as the jury by their verdict have negatived the allegation and…
2Cases cited4 opinions
- State v. UptonSupreme Court of Missouri · 1855
- Lubbering v. KohlbrecherSupreme Court of Missouri · 1856
- Matthews v. CoalterSupreme Court of Missouri · 1846
- State v. BrannonSupreme Court of Missouri · 1870
3Cited by28 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- First National Bank v. FordWyoming Supreme Court · 1923
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Neil v. J. I. Case & Co.Supreme Court of Kansas · 1881
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