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53 Mo. 327

Young v. Bruce

Supreme Court of Missouri

Decided August 15, 1873

Supreme Court of Missouri · decided 1873-08-15

<p>Judgment affirmed.</p>

Decided 1873-08-15

Adams, Judge,

¶1delivered the opinion of the court.

¶2This was an action on a promissory note.

¶3The petition charges, that the defendant executed the note by the description of John P. Bruce & Co.

¶4This allegation was denied by the defendant’s answer. The ease was submitted to the court, as a jury, and evidence was *328given tending to prove plaintiff’s case, and a verdict and judgment were rendered fot plaintiff.

¶5The only material point raised by tbe appellant is, that the judgment was for too’much; that the note was due ninety days after date, and the court in rendering the judgment, calculated the interest from the date.

¶6This point was not made in the court below and- ought not to be urged here for the first time. It is evidently an after thought, as it might have been corrected by a remittitur, or by a motion for a new trial. No such reason appears in the motion for a new trial. This court might correct the judgment now, but there is so little merit in this appeal, that the damages suffered by the plaintiff by the delay no doubt amount to more than the alleged error.

¶7Let the judgment be affirmed.

Judges Tories and Sherwood concur; Judges Napton and Wagner absent.
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