Carter v. McClintock
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. This was an action on a promissory n'ote for $663.33. The deféndant in his answer admitted the “execution” of the note set out in the petition, but set tip-by way of defence that the same was proved by falsehood’and fraud.
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Appeal from Buchanan Circuit Court. This was an action on a promissory n'ote for $663.33. The deféndant in his answer admitted the “execution” of the note set out in the petition, but set tip-by way of defence that the same was proved by falsehood’and fraud. He states that in June, 1857, he entered into a “ conditional contract” with the plaintiff, by which defendant, and one Murray were to become the purchasers of a certain jjiece of ground at the price of $3,000, $1,000 to be paid down, the remainder in three equal instalments of six, twelve and' eighteen months; that it was expressly…
1Opinion of the Court
Scott, Judge,
delivered tlie opinion of tbe court.
We see no grounds on which to place a reversal of this judgment. The letter written by the authorized agent of the plaintiff and at his request, although not dictated by the plaintiff, was evidence against him. It appears that he was, from conversations with the plaintiff, familiar with the subject about which he wrote, although he happened to fall into a mistake in stating the terms of the contract. But we do not see how the plaintiff was injured by the admission of the letter in evidence. He stands here claiming an advantage from the error…
2Cited by9 opinions
- Burson v. HuntingtonMichigan Supreme Court · 1870
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Cline v. GuthrieIndiana Supreme Court · 1873
- Hurt v. FordSupreme Court of Missouri · 1898
- Ayres v. MilroySupreme Court of Missouri · 1873
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