Broyles v. Absher
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. J. T. Neville, Judge. (1) The pleading and proof in this case brings it within the rule that as between the original parties fraud may be shown in the execution of the instrument; in other words, a plea of non est factum can be based upon such fraud. Burrows v. Alter, 7 Mo. 424; Wright v. McPike, 70 Mo. 175; Lithographing Co. v. Obert, 54 Mo. App. 240; Nichols v. Young, 68 Mo. App. 448; Van Ravenswaayv.Ins.Co.,89 Mo.
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Appeal from Greene Circuit Court. — Eon. J. T. Neville, Judge. (1) The pleading and proof in this case brings it within the rule that as between the original parties fraud may be shown in the execution of the instrument; in other words, a plea of non est factum can be based upon such fraud. Burrows v. Alter, 7 Mo. 424; Wright v. McPike, 70 Mo. 175; Lithographing Co. v. Obert, 54 Mo. App. 240; Nichols v. Young, 68 Mo. App. 448; Van Ravenswaayv.Ins.Co.,89 Mo. App. 73; Och v. Railroad, 130 Mo. 27;Ins. Co. v. Owen, 81 Mo. App. 201. (2) It has been expressly ruled in this State that where the…
1Opinion of the CourtReyburn, J.
(after stating the facts). — Prom the above synopsis of the pleadings and the proof, it is manifest- that plaintiff relied on no derivative title to the instrument, and the testimony of the numerous witnesses combating her explanation of the possession of the note, fortified by her own irreconcilable testimony at former hearing of the case, together with its allowance as an item of credit in her claim against her father’s estate, establish beyond question that the note was among her father’s assets at time of his demise and passed into the possession of his administrator as part of his…
2Cases cited12 opinions
- George v. TateSupreme Court of the United States · 1881
- Hartshorn v. DaySupreme Court of the United States · 1857
- Wright v. McPikeSupreme Court of Missouri · 1879
- Corby v. WeddleSupreme Court of Missouri · 1874
- Price v. Morning Star Mining Co.Missouri Court of Appeals · 1900
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3Cited by4 opinions
- Birdsall v. CoonMissouri Court of Appeals · 1911
- Carroll v. PeakMissouri Court of Appeals · 1911
- Main v. HallMissouri Court of Appeals · 1908
- First National Bank v. AselMissouri Court of Appeals · 1911