71 Mo. App. 219 | Mo. Ct. App. | 1897
The defendant is sued as the assignor of six nonnegotiable notes. The facts as established by the plaintiff’s evidence are these: On the thirty-first day of March, 1891, the plaintiff bargained and sold to defendant a lot in the city of Springfield. In part payment thereof the defendant assigned the notes sued on in blank and delivered them to plaintiff. The title to the lot was vested in plaintiff’s wife. The plaintiff claimed that the lot was bought with his money. The notes were delivered to him. Subsequently the wife died. After her death the plaintiff filled up the indorsements on the notes in his own name and then instituted the present action thereon. The plaintiff also introduced evidence which tended to prove that he had promptly instituted suits against the makers of the notes, had obtained judgments against them, and had been unable to collect any portion of the debts from them. Under this proof the circuit court instructed the jury to return a verdict for the defendant. This was done and judgment entered on the verdict. The plaintiff has appealed.