Burton v. Look
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Edward P. Gates, J udge. (1) When a note is given, its execution relates back to tbe inception of tbe contract from which it arose — particularly when, as in the ease at bar, the note in question was dated February 1, 1886, the time when the debt it evidences actually existed, as is shown by the evidence of the defense in the case.
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Appeal from Jackson Circuit Court. — Hon. Edward P. Gates, J udge. (1) When a note is given, its execution relates back to tbe inception of tbe contract from which it arose — particularly when, as in the ease at bar, the note in question was dated February 1, 1886, the time when the debt it evidences actually existed, as is shown by the evidence of the defense in the case. County of Montgomery v. Auekley, 92 Mo. 126; Block v. Morrison, 112 Mo. 356; Morris v-. Bird, 11 Mass. 436. It is in entire conformity to the law of commercial paper that a bill or note may be either antedated or postdated,…
1Opinion of the CourtRobinson, J.
This is an action of ejectment to recover the possession of certain real estate in Kansas City, described as lot two, and the north ten feet of lot one, in block six, of the resurvey of Pendleton’s Heights, an addition to Kansas City.
The petition is in the usual statutory form.
The amended answer, upon which the case was tried, admits that defendant Eeynolds was in possession as the tenant' of defendant Look, who, it is averred, is seized of an estate in fee simple therein, but denies generally the other allegations of the petition.
It is averred in the answer that the defendant Look derived…
2Cases cited3 opinions
- Macke v. ByrdSupreme Court of Missouri · 1895
- Sutton v. ColeSupreme Court of Missouri · 1900
- Ingraham v. DyerSupreme Court of Missouri · 1894
3Cited by1 opinion
- Armor v. LewisSupreme Court of Missouri · 1913