Rawlings v. Bean
Supreme Court of Missouri
Error to Cass Circuit Court — Hon. Noah M. Givan, Judge. Tbe court committed error in refusing to declare tbe law as asked by plaintiff. Plaintiff’s instructions one and four ask the court to order tbe jury to find for tbe plaintiff for tbe full amount of all the notes, without any proof of the false representations, and without a statement of demand, notice and failure to pay, or any proof that defendants are in any way held as indorsers on the Sellers’ notes.
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Error to Cass Circuit Court — Hon. Noah M. Givan, Judge. Tbe court committed error in refusing to declare tbe law as asked by plaintiff. Plaintiff’s instructions one and four ask the court to order tbe jury to find for tbe plaintiff for tbe full amount of all the notes, without any proof of the false representations, and without a statement of demand, notice and failure to pay, or any proof that defendants are in any way held as indorsers on the Sellers’ notes. Instructions must be predicated on the pleadings and evidence. Says den v. Trumbo, 52 Mo. 35; Sudd v. Hoffheimer, 52 Mo. 297; Sussell…
1Opinion of the Court
Philips, C.
To understand the questions arising on this record, it will be necessary to set out the pleadings with unusual detail.
The petition alleges that defendants, on the 29th day of December, 1874, executed three promissory notes to Joseph Roebuck, each for $205.28, one due six months after date; one due twelve months after date, and one due eighteen months after date, each bearing ten per cent interest from date. That on the same day said Roebuck assigned, by indorsement, said notes to plaintiff’ for value. It is further alleged that Mary Sellers and William II. Sellers, *616by their…
2Cases cited2 opinions
- Bevans v. BoltonSupreme Court of Missouri · 1862
- Bryson & Hardin v. PenixSupreme Court of Missouri · 1853
3Cited by10 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- Ryan Drug Co. v. HvambsahlWisconsin Supreme Court · 1894
- Huiser v. BeckMissouri Court of Appeals · 1894
- Martin-Perrin Mercantile Co. v. PerkinsMissouri Court of Appeals · 1895
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