Wells v. Hobson
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Eon. A. D. Burnes, Judge. (1) Defendant Hoar makes the defense in bis separate answer, that be signed tbe note sued on, without any consideration therefor, long after it had been signed, executed and delivered by John and C. L. Hobson, to plaintiff and while plaintiff was the owner and in the possession thereof. One who becomes a party to a note under such circumstances incurs no liability. J. C. Hartman et al. v. L. H. Eedman, 21 Mo.
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Appeal from Andrew Circuit Court. — Eon. A. D. Burnes, Judge. (1) Defendant Hoar makes the defense in bis separate answer, that be signed tbe note sued on, without any consideration therefor, long after it had been signed, executed and delivered by John and C. L. Hobson, to plaintiff and while plaintiff was the owner and in the possession thereof. One who becomes a party to a note under such circumstances incurs no liability. J. C. Hartman et al. v. L. H. Eedman, 21 Mo. App. 124; Messenger v. Vaughan, 45 Mo. App. 15; Williams, Adm., v. Williams et al., 67 Mo. 661; McMahan v. Geiger, 73 Mo.…
1Opinion of the Court
BROADDUS, J.-
— This is a suit on a promissory note alleged to have been executed by John.Hobson and the de*384fendants, O. L. Hobson and W. D. Hoar, on the fifth of January, 1883, for the sum of five hundred dollars, due in twelve months from date. The note is credited with the following payments: $100 paid by defendant Hoar, December 28, 1886, and $240.67 paid by defendant O. L. Hobson, August 3, 1889.. Defendant Hoar answering, denies that he executed the note sued on; denies that he paid the sum of $100 on said note, as alleged in the petition, or any other sum; and admits that his…
2Cases cited6 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Paramore v. LindseySupreme Court of Missouri · 1876
- McCormick v. FitzmorrisSupreme Court of Missouri · 1866
- Robinson v. SmithSupreme Court of Missouri · 1892
- Nelson v. NelsonSupreme Court of Missouri · 1886
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- Eitel v. FarrMissouri Court of Appeals · 1914
- Hay v. American Fire Clay Co.Missouri Court of Appeals · 1913