New York Life Insurance v. Smucker
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Franklin Ferriss, Judge. (1) The court erred in giving the defendants’ first instruction, as modified by the court, because said instruction permits the jury to consider an alleged oral agreement made at the time or prior to the execution and delivery of said note, which agreement had the effect of changing and varying the terms of a written promissory note.
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Appeal from St. Louis City Circuit Court. — How. Franklin Ferriss, Judge. (1) The court erred in giving the defendants’ first instruction, as modified by the court, because said instruction permits the jury to consider an alleged oral agreement made at the time or prior to the execution and delivery of said note, which agreement had the effect of changing and varying the terms of a written promissory note. Instructions áre erroneous if founded upon incompetent evidence improperly admitted. Weaver v. Hendrix, 30 Mo. 502; Harding v. Wright, 119 Mo. 1; Houser v. Andersch, 61 Mo. App. 15. The…
1Opinion of the CourtGoode, J.
Action on a promissory note for $200 given by the defendants to the plaintiff, April 2, 1900, due sixty days after date. The note was signed by Jules Smucker and indorsed on the back by A. C. Smucker before delivery. The latter was security for the former, who got the proceeds of the note under these circumstances: Jules Smucker was requested by plaintiff’s general agent to become a soliciting insurance agent for the plaintiff. He told said general agent he did not have money enough to live on while learning the business and the general agent (Buckner) offered to lend him $200 provided he…
2Cases cited3 opinions
- Roe v. Bank of VersaillesSupreme Court of Missouri · 1902
- Holmes v. FarrisMissouri Court of Appeals · 1902
- Mechanics Bank v. TerryMissouri Court of Appeals · 1896
3Cited by3 opinions
- Buie v. KennedySupreme Court of North Carolina · 1913
- Buie v. . KennedySupreme Court of North Carolina · 1913
- Bay v. ElmerMissouri Court of Appeals · 1951