Nevius v. Moore
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon.. A. F. Evans, Judge. (1) The finding upon counts one and two should have been in favor of plaintiff. 1. Moore absolutely disregarded the terms of the letter transmitting the pledged notes, which letter constitutes the contract of pledge and which provides that the pledge of the notes should be only temporary and that the notes should be held only until foreclosure could be made, title taken in Nevius’ name and deed of trust given by…
Read the full summary
Appeal from Jackson Circuit Court. — Eon.. A. F. Evans, Judge. (1) The finding upon counts one and two should have been in favor of plaintiff. 1. Moore absolutely disregarded the terms of the letter transmitting the pledged notes, which letter constitutes the contract of pledge and which provides that the pledge of the notes should be only temporary and that the notes should be held only until foreclosure could be made, title taken in Nevius’ name and deed of trust given by him. For Moore to proceed to foreclose and take title in his own name and hold it as security was a gross violation of…
1Opinion of the CourtFox, J.
This appeal is from a judgment of the Jackson Circuit Court in favor of defendant.
On June 26, 1902, the appellant, Nevius, filed his petition against the respondent, Moore, in the circuit court of Jackson county, Missouri. Summons was issued and served on Moore the same day. An amended petition was filed on the 27th day of January, *3361903. The amended petition consisted of seven counts, the two first being equitable and the last five being actions at law on promissory notes. The first count was based on four promissory notes executed by Eliza J. McClellan to George T. Moore, the respondent,…
2Cases cited9 opinions
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Faulkner v. FaulknerSupreme Court of Missouri · 1880
- Hagan v. Continental National BankSupreme Court of Missouri · 1904
- Richardson v. AshbySupreme Court of Missouri · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Russell v. Empire Storage & Ice Co.Supreme Court of Missouri · 1933
- Kegan v. Park BankSupreme Court of Missouri · 1928
- Amick v. Empire Trust Co.Supreme Court of Missouri · 1927
- Adair v. Reorganization Inv. Co.Court of Appeals for the Eighth Circuit · 1942
- Eaves v. KeetonMissouri Court of Appeals · 1917
6 more not listed; retrieve them via the Exa API.