Ford v. McClain
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Hon. J. E. Goodrich, Judge. (1) The court erred in holding that deceased was liable upon the note.
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Appeal from Jackson Circnit Court. — Hon. J. E. Goodrich, Judge. (1) The court erred in holding that deceased was liable upon the note. It is undisputed that the note was executed by Bruner and Hedrick and delivered to Ford, and the whole transaction closed before the note in controversy was ever signed by McClain, if it was signed by him at all, and there is a total absence of any competent testimony to show if said note was signed by McClain that there was ever any previous agreement on the part of McClain to sign the same, or that the signing thereof by him was any part of the original…
1Opinion of the CourtEllison, J.
This controversy involves the liability of defendant’s intestate on a promissory note executed to plaintiff for $3500, dated February 25, 1903, and signed by R. E. Bruner, C. L. V. Hedrick and Carey McClain. The case was tried by the court without the aid of a jury and judgment rendered for plaintiff.
It appears that plaintiff sold to Bruner and Hedrick a zinc mine in Jasper county for $30,000. Of this amount $15,000 was paid in cash, $1500 in stock in a corporation, two notes of $5000 each, and one for $3500 — the latter being the one in controversy. When-the parties met in Joplin, Mo., to…
2Cases cited8 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- County of Montgomery v. AuchleySupreme Court of Missouri · 1887
- Nugent v. CurranSupreme Court of Missouri · 1883
- Martin v. JonesSupreme Court of Missouri · 1875
- Eyermann v. PironSupreme Court of Missouri · 1899
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3Cited by4 opinions
- Fellows v. FarmerMissouri Court of Appeals · 1964
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Feinstein v. McGuireSupreme Court of Missouri · 1959
- Snyder v. PatrickMissouri Court of Appeals · 1914