Corby v. Weddle
Supreme Court of Missouri
Error to Buchanan Circuit Court.- I. Plaintiff’s first instruction ought to have been given, and defendant’s second instruction ought to have been refused. (McDonald vs. Muscatine Nat. Bk., 27 Iowa, 319 ; Douglas vs. Matting, 29 Iowa, 498; Taylor vs. Atchinson, 54111., 196 ; Putnam vs. Sullivan, 4 Mass., 45; Comm. vs. Sankey, 22 Penn. St., 390; Phelan vs. Moss, 67 Penn. St., 59 ; Chapman vs. Rose, 9 Alb.
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Error to Buchanan Circuit Court.- I. Plaintiff’s first instruction ought to have been given, and defendant’s second instruction ought to have been refused. (McDonald vs. Muscatine Nat. Bk., 27 Iowa, 319 ; Douglas vs. Matting, 29 Iowa, 498; Taylor vs. Atchinson, 54111., 196 ; Putnam vs. Sullivan, 4 Mass., 45; Comm. vs. Sankey, 22 Penn. St., 390; Phelan vs. Moss, 67 Penn. St., 59 ; Chapman vs. Rose, 9 Alb. Law Jour., 339.) In the case at bar, unlike that of Ewart vs. Briggs, there is no finding by the jury that defendant was free from negligence.
1Opinion of the CourtYoeies, Judge
This action was brought in the DeKalb Circuit Court and afterwards brought to the Buchanan Circuit Court by change of venue.
*453The action was brought to recover the amount of a promissory note charged to have been executed by the defendant to one S. M. Glasgow or order, for the payment of the sum of three hundred dollars, dated the first day of December, 1868, and payable one year after date.
It is charged in the petition that the note was -on the 10th day of December, 1868, for value, assigned and transferred to plaintiff’s testator by the payee thereof ; and that at the maturing of the note,…
2Cases cited4 opinions
- Bottomley v. United StatesU.S. Circuit Court for the District of Massachusetts · 1840
- Briggs v. EwartSupreme Court of Missouri · 1873
- Martin v. SmyleeSupreme Court of Missouri · 1874
- State v. ScottSupreme Court of Missouri · 1870
3Cited by22 opinions
- Sprague v. RooneySupreme Court of Missouri · 1891
- Shirt v. OverjohnSupreme Court of Missouri · 1875
- Cavender v. WaddinghamMissouri Court of Appeals · 1876
- George T. Smith Middlings Purifier Co. v. RembaughMissouri Court of Appeals · 1886
- Green v. WilkieSupreme Court of Iowa · 1896
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