Missouri Appeal Reports Volume 91

Missouri Appeal Reports Volume 91

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...Adm., v. Williams et al., 67 Mo. 661; McMahan v. Geiger, 73 Mo. 145; County of Montgomery v. Auchley, 92 Mo. 126. (2) The court committed error in permitting plaintiff to give in evidence to the jury, book entry of the note sued on, showing the same to be signed by John Hobson, C. L. Hobson and Wm. D. Hoar. This book and the entries therein was made by plaintiff and was not made in the usual course of business, and was not made at the time of the making of the note, but long afterwards. Nelson v. Nelson, 90 Mo. 460; Milling C0. v. Walsh, 108 Mo. 277; Seligman v. Rogers, 113 Mo. 642; Investment Co. v. Vette, 142 Mo. 560; Robinson &' Stephens v. Smith, 50 Mo. App. 630; Drug O0. v. Graddy, 57 Mo. App. 41; Wilcoxson & Co. v. Darr, 139 Mo. 660; Robinson v. Smith, 111 Mo. 205. (3) The law does not presume that any of the defendants signed the note at all. In all suits upon notes or instruments of writing, it devolves upon the plaintiff to show aflirmatively by the evidence that the defendant signed the instrument, unless the signing of the instrument is admitted by the answer or not properly denied by the answer as required by law. Ham v. Barret, 28 Mo. 388; Erhart v. Dietrich, 118 Mo. 418; Dausch v. Crane, 109 Mo. 333; Lynch v. Railroad, 112 Mo. 420; Moberly v. Railroad, 98 Mo. 183; Rapp v. Railroad, 106 Mo. 423; Myers v. City of Kansas, 108 Mo. 480; Johnson v. McMurry, 72 Mo. 278; Bank v. Stanley, 46 Mo. App. 440; Jones v. Burden, 56 Mo. App. 199. (4) The court committed error in giving instruction number five on the part of the plaintiff over the objections of defendants. It told the jury that the execution of the note sued on was admitted by the defendants. But defendant Hoar in his separate answer denies that he executed the note...show more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123684307X
  • 9781236843074