Fugate v. Carter
Supreme Court of Missouri
Error to Lincoln county. 1st. That the court refused a change of venue. 2nd. That the court erred in over ruling the exceptions of the defendants to the answer of the plaintiff, to the defendants bill of discovery. 3rd. That the court permitted the plaintiff' to read his answer to the defts. bill of discovery, after he had closed his case, and against the consent of the defendants. 1 Rand. 1S2 and 187. 4th. That the court misinstructod the jury. 5th.
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Error to Lincoln county. 1st. That the court refused a change of venue. 2nd. That the court erred in over ruling the exceptions of the defendants to the answer of the plaintiff, to the defendants bill of discovery. 3rd. That the court permitted the plaintiff' to read his answer to the defts. bill of discovery, after he had closed his case, and against the consent of the defendants. 1 Rand. 1S2 and 187. 4th. That the court misinstructod the jury. 5th. That the court refused to set aside the finding of the jury and grant a now trial. See Mo. Laws, page G14and 15, title venue, sec. 2 and 3. 3…
1Opinion of the Court
'Opinion of the Court delivered by
Naplon Judge.
Carter sued plaintiffs in error by petition in debt before the circuit court of Monroe county, on a note of five hundred dollars; the note was as follows: $500. One day after date, we promise to pay to Peter Carter, or order, the just and full sum of five hundred dollars with ten per cent interest from the 25th day of December last until paid. Paris Mo. 2nd March 1839, Reuben Fugate, Wm. Young.
To this defendant plead usury in the consideration; the plea averred that on the 4-th December 1836, a corrupt agreement v/as made between plaintiff and…
2Cited by8 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Erhart v. ToddSupreme Court of Missouri · 1959
- Stallman v. HillMissouri Court of Appeals · 1974
- Ex parte GregoryMississippi Supreme Court · 1878
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