First National Bank v. Wells
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Ro». John P. Butter, Judge. (1) The court erred in holding that under the pleadings the plaintiff was not required to- make its prima facie case by introducing in evidence the note sued on. R. S. 1899, sec. 746; Abbott Trial Ev. (2 Ed.), p. 481; State to use v. Samuels, 28 Mo. App. 649; Sebree v. Dorr, 9 Wheat.
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Appeal from Sullivan Circuit Court. — Ro». John P. Butter, Judge. (1) The court erred in holding that under the pleadings the plaintiff was not required to- make its prima facie case by introducing in evidence the note sued on. R. S. 1899, sec. 746; Abbott Trial Ev. (2 Ed.), p. 481; State to use v. Samuels, 28 Mo. App. 649; Sebree v. Dorr, 9 Wheat. (681) 558; Truman v. Ellison, 37 Mich. 459; Lucas v. Smith, 42 Ind. 103; Glenn v. Porter, 49 Ind. 500. (2) The court erred in excluding competent, material and relevant evidence offered on behalf of defendant J. D. Crumpacker. Greenleaf Evidence…
1Opinion of the CourtSmith, P. J.
This is an action on a promissory note for $3,000. Tke answer admitted tke execution and delivery of tke said note, and then pleaded several special defenses to tke action thereon.
It appears from tke bill of exceptions that at tke in*578ception of the trial, which, was to a jury, the court held, “that under the pleadings it was not necessary for plaintiff to offer in evidence the note.” Why or what was the occasion for this holding is not disclosed. The plaintiff seems not to have offered the note in evidence, and so far as we can discover there* was nothing then before the court requiring any…
2Cases cited8 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Catterlin v. LuskMissouri Court of Appeals · 1903
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Picot v. SigniagoSupreme Court of Missouri · 1856
- Wood v. MotleyMissouri Court of Appeals · 1900
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3Cited by5 opinions
- Merchants National Bank v. BrischMissouri Court of Appeals · 1911
- England v. HouserMissouri Court of Appeals · 1914
- Haynor v. Excelsior Springs Light, Power, Heat & Water Co.Missouri Court of Appeals · 1908
- Stephenson v. Joplin State BankMissouri Court of Appeals · 1911
- Outcult Advertising Co. v. BarnesMissouri Court of Appeals · 1914