79 Mo. 275 | Mo. | 1883
Appellant Wells executed and delivered his note to J. D. Scully, August 4th, 1879, for $125, due six months after date. Scully sold it to respondent before maturity, indorsed and delivered it. The note reads as follows: “ $125. Cass County, Missouri, August 4th, 1879. Six months after date I promise to pay J. D. Scully, or order, $125 at the bank of William Allen in Harrisonville, Missouri, with interest at five per cent per annum from date. A. Wells. Witness : G. D. Shackleford.” Indorsed, “J. D. Scully.” Respondent sued Wells on this note and alleged among other things that “defendant by his negotiable promissory note filed herewith, dated on said 4th day of August, promised for value received,” etc. Defendant’s answer was a general denial. At the trial the evidence tended to show that the respondent purchased the note from Scully in September, 1879, before maturity. Plaintiff then
Besides, although the note offered in evidence is not negotiable, the proposed amendment does not appear in the bill of exceptions, and wo cannot say that the court erred in refusing permission to amend. Howell v. Stewart, 54 Mo. 400.
The judgment is affirmed.