Canada v. Shuttee
Missouri Court of Appeals
Appeal from Howell County Circuit Court. — Hon. E. P. Dorris, Judge. (1) Where the execution of the note stands admitted by an unverified answer, plaintiff by introducing the note makes out a prima-facie case. Shawhan v. Shawhan Dist. Co., 197 S. W. 369; General Electric Company v. Interstate Elec.
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Appeal from Howell County Circuit Court. — Hon. E. P. Dorris, Judge. (1) Where the execution of the note stands admitted by an unverified answer, plaintiff by introducing the note makes out a prima-facie case. Shawhan v. Shawhan Dist. Co., 197 S. W. 369; General Electric Company v. Interstate Elec. Co., 204 S. W. 933; Holmes v. Farris, 97 Mo. 305; Davidson v. Spitkofsky, 182 S. W. 106. (2) Since the note was not negotiable and this action is between the immediate parties whose names appeared upon the instrument at the time of delivery to the payee, the provisions of the Negotiable Instruments…
1Opinion of the CourtBradley, J.
This is an action on a promissory note. The cause was tried before the court without a jury. The finding and judgment went for defendant and plaintiff brings the cause to this court by writ of error.
The note is for $2500 due in six months after date and provides for an attorney’s fee in case of legal proceedings to collect. Payment has been made thereon and balance due for which judgment is prayed is $1400 with interest. The note was signed on the face and where a maker usually signs by Henry C. Shuttee, who is the son-in-law of plaintiff and a son of defendant. Defendant signed the note on…
2Cases cited21 opinions
- Baumeister v. KuntzSupreme Court of Florida · 1907
- Toole v. CraftsMassachusetts Supreme Judicial Court · 1906
- J. W. Perry Co. v. Taylor Bros.Supreme Court of North Carolina · 1908
- Long v. MasonSupreme Court of Missouri · 1918
- Long v. ShaferMissouri Court of Appeals · 1914
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3Cited by1 opinion
- Newkirk v. HaysMissouri Court of Appeals · 1925