Smith v. Ferry
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — IIon. J. D. Parkinson, J udge. This was a suit commenced June 24th, 1875, on a promissory note executed May 13th, 1862. On the back of the note was this indorsement: “ August 5th, 1865, credit the within note §25.” Defendant pleaded the statute of limitations. Plaintiff' relied upon the indorsement to prove partial payment and acknowledgment of the debt within ten years. There was no other evidence of the alleged payment.
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Appeal from Vernon Circuit Court. — IIon. J. D. Parkinson, J udge. This was a suit commenced June 24th, 1875, on a promissory note executed May 13th, 1862. On the back of the note was this indorsement: “ August 5th, 1865, credit the within note §25.” Defendant pleaded the statute of limitations. Plaintiff' relied upon the indorsement to prove partial payment and acknowledgment of the debt within ten years. There was no other evidence of the alleged payment. Defendant insisted that the indorsement appeared to have been tampered with, and that its date had beeD altered from 1863 to 1865. The…
1Opinion of the CourtSherwood, C. J.
In general indorsements made upon promissory notes are presumed to have been made at the time such indorsements bear date. Horton v. Bayne, 52 Mo. 531. If, however, there be any thing in the indorsement indicative of alteration, the usual presumption ceases, and it then devolves upon the holder of the paper to explain that which is apparently suspicious. Mathews v. Coalter, *1439 Mo. 696; Patterson v. Fagan, 38 Mo. 70: 1 Greenl. Ev., § 564 and cases cited. Eor this reason no error occurred in the refusal of plaintiff’s first declaration of law. The case of Carter, Adm. of English, v. Carter, 44…
2Cases cited4 opinions
- Horton v. BayneSupreme Court of Missouri · 1873
- Matthews v. CoalterSupreme Court of Missouri · 1846
- Carter v. CarterSupreme Court of Missouri · 1869
- Patterson v. FaganSupreme Court of Missouri · 1866
3Cited by7 opinions
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Lawson v. MeffertSupreme Court of Missouri · 1921
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Smith v. BrinkleyMissouri Court of Appeals · 1910
- Gage v. AverillMissouri Court of Appeals · 1894
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