Sash v. M'Mahon
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The appellant was entitled to recover against respondent on the notes sued on, such part as represented money loaned to the firm of Geo. P. McMahon & Co., and it was not error for the court to refuse an instruction for a non-suit. Daniel on Neg.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The appellant was entitled to recover against respondent on the notes sued on, such part as represented money loaned to the firm of Geo. P. McMahon & Co., and it was not error for the court to refuse an instruction for a non-suit. Daniel on Neg. Insts., secs. 195, 201, 203, 204; Parsons on Notes and Bills [1 Ed.], p. 211; Klein v. Keyes (1852), 17 Mo. 326; Brown v. North (1855), 2.1 Mo. 528; Koontz v. Insurance Co., 42 Mo. 126; Briscoe v. Kinealy (1879), 8 Mo. App. 76; Trabue v. Insurance Co. (1894), 121 Mo.…
1Opinion of the CourtBiggs, J.
E., Gr. and M. were partners. E. executed tbe notes of the firm in settlement of bis individual debt and a firm debt to tbe payee. This was done without tbe knowledge of G-. Are tbe notes in tbe bands of tbe payee void or voidable in toto as to Q-? This is tbe only question presented by tbe record which we need discuss. ,
Plaintiff’s evidence tended to prove tbe following facts: The defendant Gough, George P. McMahon and W. J". Earrell composed the firm of George P. McMabon and Company. The firm borrowed some money of plaintiff. At the same time Earrell was indebted to plaintiff on bis…
2Cases cited12 opinions
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- McNichols v. RichterMissouri Court of Appeals · 1883
- Hamilton v. Scull's AdministratorSupreme Court of Missouri · 1857
- MacDonald v. WagnerMissouri Court of Appeals · 1878
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3Cited by1 opinion
- Hall v. Western Underwriters' Ass'nMissouri Court of Appeals · 1904