Morrison v. Thistle
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — IIon. William T. Wood, Judge. There was testimony in the ease on the part of the defendant tending to prove that when the note in suit was .executed by defendant it was blank, as to amount, name of payee and time and place of payment, and the other makers had not signed it. 1. There is nothing in either the granting clause or the habendum clause indicating any intention to have the property held as the separate property of. defendant,…
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Appeal from Lafayette Circuit Court. — IIon. William T. Wood, Judge. There was testimony in the ease on the part of the defendant tending to prove that when the note in suit was .executed by defendant it was blank, as to amount, name of payee and time and place of payment, and the other makers had not signed it. 1. There is nothing in either the granting clause or the habendum clause indicating any intention to have the property held as the separate property of. defendant, nothing that excludes the marital rights of her husband, no words of limitation, either in the granting or habendum…
1Opinion of the CourtSherwood, C. J.
— Plaintiffs by this proceeding sought to subject the alleged separate estate of the defendant to the payment of her promissory note, executed while a feme covert. The note is in these words and figures: Lexington, Mo., August 5th, 1871. $1,000 — Two months after date we promise to pay to the order of John P. Thistle, at banking house of ¥m. Morrison & Co., Lexington, Mo., one thousand dollars, for value received, negotiable and *599payable without defalcation or discount, and with interest from maturity at the rate of ten per cent, per annum.
No. 1358, Oct. f.
Mary H. Thistle,
J. P. Thistle,
M. L.…
2Cases cited2 opinions
- Gardner v. GardnerNew York Court of Chancery · 1838
- Wilcox v. ToddSupreme Court of Missouri · 1877
3Cited by16 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Small v. FieldSupreme Court of Missouri · 1890
- Turner v. ShawSupreme Court of Missouri · 1888
- Hart v. LeeteSupreme Court of Missouri · 1891
- Hord v. TaubmanSupreme Court of Missouri · 1883
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