Kratz v. Stocke
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. Defendants asked tbe following among other instructions, which were refused by the court: 1.' If the jury believe and find from the evidence that the consideration for the making and indorsing of the note sued upon was the transferring by the plaintiff to the defendants of a bargain or agreement had by the plaintiff and one Henry Shenkel with Mrs. Elizabeth Timmerman, for the purchase and sale of the interest of her deceased husband in…
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•Appeal from St. Louis Circuit Court. Defendants asked tbe following among other instructions, which were refused by the court: 1.' If the jury believe and find from the evidence that the consideration for the making and indorsing of the note sued upon was the transferring by the plaintiff to the defendants of a bargain or agreement had by the plaintiff and one Henry Shenkel with Mrs. Elizabeth Timmerman, for the purchase and sale of the interest of her deceased husband in and to the Star mills, as set out in plaintiff’s reply to defendants’ answer; and that said bargain or agreement was a…
1Opinion of the CourtWag-ner, Judge
This action was brought upon a promissory note for one thousand dollars, made by the defendant, Stocke, payable ^to the order of defendant, Eaudi, and indorsed by the latter. The answer admits the execution and indorsement of the note, and its delivery to and ownership by the plaintiff, but alleges that it was procured by the fraud and misrepresentation of the plaintiff, and that it had no consideration to support it. The reply traverses these allegations of fraud and wanf of consideration, and sets forth in full the transactions out of which the note sprang.
The.facts seem to-be briefly…
2Cases cited1 opinion
- Bailey v. Le RoyNew York Court of Chancery · 1836
3Cited by8 opinions
- Huttig v. BrennanSupreme Court of Missouri · 1931
- B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1902
- Steele v. JohnsonMissouri Court of Appeals · 1902
- McCarthy v. PopeCalifornia Supreme Court · 1878
- Phillips v. SchallMissouri Court of Appeals · 1886
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