Brown v. Croy
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) Appellant contends that the court erred in refusing to give his demurrer to the evidence at the close of the case. (2) As the evidence taken altogether was insufficient to justify the defense of novation, this is another reason why the demurrer should have been given.
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Appeal from the Gentry Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) Appellant contends that the court erred in refusing to give his demurrer to the evidence at the close of the case. (2) As the evidence taken altogether was insufficient to justify the defense of novation, this is another reason why the demurrer should have been given. As novations are usually the result of parol agreements, nothing short of positive and unconditional mutuality will be recognized, and the evidence to sustain such a defense should be clear, cogent and positive. 16 Am. and Eng. Ency. of Law [1 Ed.], p.…
1Opinion of the CourtSmith, P. J.
— This is an action by the holder and indorsee of a promissory note against the payee and indorser thereof. The defendant for a defense relied upon a discharge from his obligation as indorser. While the evidence was somewhat conflicting, that adduced by the defendant tended to prove about these facts, namely: That one Russ purchased of defendant certain real estate for the purchase money of which he executed four promissory notes, that in suit being one of them, which were secured by a deed of trust on the realty so purchased. Before the maturity of the notes the defendant for value indorsed…
2Cases cited9 opinions
- Marks v. Bank of MissouriSupreme Court of Missouri · 1843
- Brownlow v. WollardMissouri Court of Appeals · 1896
- Edgell v. TuckerSupreme Court of Missouri · 1867
- Lee v. PorterMissouri Court of Appeals · 1885
- Hooker v. Phoenix InsuranceMissouri Court of Appeals · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gaar, Scott & Co. v. RogersSupreme Court of Oklahoma · 1915
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Nelson v. HudsonMissouri Court of Appeals · 1927
- Martin v. HarringtonMissouri Court of Appeals · 1913
- Mabe Ex Rel. Mabe v. Gille Manufacturing Co.Missouri Court of Appeals · 1925
3 more not listed; retrieve them via the Exa API.