Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 265 (Paperback)

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. 1915 edition. Excerpt: ...paid on the within note to January 1, 1892. November 22, 1902, received on the within note $4. March 8, 1906, received on the within note $1" and the following in the handwriting of Witten, the trustee: "Credit on within note August 14, 1909, $36.55, proceeds of trustee 's sale. Thomas A. Witten. " The third note was for $2500, dated March 10, 1888, due two years after date; and the fourth note was for $2500, dated May 15, 1888, due twelve months after date. On each of these notes there appeared the following indorsements: "Interest on the within note Johnston v. Ragan. paid to January 1, 1892. Received on the within note November 22, 1902, $4. Received on-the within note March 8, 1906, $1." On their faces these notes were barred by the Statute of Limitations. This defense is available only in a case of this character by an affirmative answer setting up the statute, for if no issue be taken upon a special matter, the plaintiff will not know that he is re quired to produce proof nor will the defendant be in formed as to whether or not the plaintiff intends to produce proof of any special matter of exception. Coleson v. Blanton, 3 Hayw. (Tenn.) 152. To remove the burden thus cast upon the defendants 'by this plea (Wojtylak v. Coal Co., 188 Mo. 1. c. 294; Berryman v. Becker, 173 Mo. App. 346; Schell v. Weaver, 225 Ill. 1.59) it became incumbent upon them to prove that the cause of action did not accrue within the time prescribed by the statute. This proof consisted in the introduction in evidence of the notes. Plaintiff in rebuttal introduced testimony showing the indorsements of payments on the notes before they were barred, in the handwriting of S. C. Ragan, the debtor, and oral testimony that...