9 Mo. App. 359 | Mo. Ct. App. | 1880
delivered the opinion of the court.
This action is upon a promissory note made by defendant Burd to the order of defendant Jamison. The petition alleges that defendant assigned thenote by indorsement and delivered it to Wolff, who assigned by indorsement and delivered the
It is claimed by appellant that Wolff acted in this matter as a special agent, axxd that plaintiff should therefoi-e have been permitted to show the conditions under which the agent was to exercise his authority, on the ground that his act was void unless he followed the direc
It is contended by appellant that the pleadings admitted but one indorser, holder, or owner, between Jamison and plaintiff, and that it was incompetent to show that there was another,holder, Mrs. Bobb, and that she granted the extension. It is also contended that the court erred in allowing evidence to go to the jury concerning plaintiff’s title to the note.
The pleader did not trace the indorsements in his petition ; nor was it necessary that he should do so, since he was not obliged to prove them. There is nothing, therefore, in the state of the pleadings that can be construed into an admission that Wolff and the plaintiff had been the only holders of the note. There was no question of surprise in the case.
Plaintiff’s title to the note was admitted by the pleadings, and it was unnecessary to prove it; nevertheless we see no error in admitting the deposition of plaintiff as to this matter, taken at the instance of defendants. It showed that the plaintiff had acquired the note, with the renewal indorsed on the back, many years after its extended maturity; and it tended to show, not only that he had not inquired of the indorser whether he had notice of the extension, before purchasing the note, but that whilst the note was in plaintiff’s hands for collection, and before he became its owner, he had been told by the indorser that he had not consented to any extension, and was therefore released. If this testimony was irrelevant, its admission at any rate affords no ground for reversing the judgment.
The defendant was allowed to open and close to the jury. It seems that the burden of proof was on defendant Jami-son. Everything material to plaintiff’s case was admitted by the pleadings. But, in the view we take of the case, the matter is wholly unimportant. No other verdict or
The judgment is affirmed.