Wilson v. Reeves
Missouri Court of Appeals
Appeal from, the Harrison Circuit Court. — Hon. Paris O. Stepp, Judge. ' (1) Plaintiff earnestly contends that the introduction of the chattel mortgage in evidence against his objection was a material and prejudicial error, for by this means the issue joined upon the note was transferred to the mortgage, upon which instrument no issue was raised by the pleadings.
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Appeal from, the Harrison Circuit Court. — Hon. Paris O. Stepp, Judge. ' (1) Plaintiff earnestly contends that the introduction of the chattel mortgage in evidence against his objection was a material and prejudicial error, for by this means the issue joined upon the note was transferred to the mortgage, upon which instrument no issue was raised by the pleadings. To introduce evidence upon an issue not raised by the pleadings is a material error for which the judgment should be reversed. 1 G-reenleaf, Ev. [14 Ed.], sec. 51; Rutledge v. R’y, 110 Mo. 312; Brooks v. Blackwell, 76 Mo. 309; State…
1Opinion of the CourtEllison, J.
This action is based on a promissory note which by successive assignments became the property of plaintiff. The answer pleaded want of consideration and that plaintiff had full knowledge thereof when he became the owner of the note. The judgment below was for defendant.
*33A number of questions were presented at the trial relating to various matters brought in question by the parties. But the record as presented here is such as to make it unnecessary to set out, in detail, the facts (somewhat complicated) which have been discussed in connection with legal propositions founded upon them.
Egénefa'iEo…
2Cases cited3 opinions
- Clark v. ConwaySupreme Court of Missouri · 1856
- Morgan v. JoySupreme Court of Missouri · 1894
- Connoyer v. SchaefferSupreme Court of Missouri · 1871
3Cited by2 opinions
- John Schoen Plumbing Co. v. Empire Brewing Co.Missouri Court of Appeals · 1907
- Gubernator v. RettalackMissouri Court of Appeals · 1900