Legal Opinion

White v. Black

Missouri Court of Appeals

Decided December 4, 1905PublishedCited by 1 opinion

Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) No gift was pleaded; nor was there evidence in support of it. Bliss on Code Pleading, 352; Swartz Co. v. Vanstone, 62 Mo. App. 241; Northrup v. Ins. Co., 47 Mo. 435; Mu-sser v. Adler, 86 Mo. 445; Manufacturing Co. v. Ball, 43 Mo. App. 504; Kersey v. Garton, 77 Mo. 645 ; Plow Co. v. Wayland, 81 Mo.

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Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) No gift was pleaded; nor was there evidence in support of it. Bliss on Code Pleading, 352; Swartz Co. v. Vanstone, 62 Mo. App. 241; Northrup v. Ins. Co., 47 Mo. 435; Mu-sser v. Adler, 86 Mo. 445; Manufacturing Co. v. Ball, 43 Mo. App. 504; Kersey v. Garton, 77 Mo. 645 ; Plow Co. v. Wayland, 81 Mo. App. 305; Russell v. Whitely, 59 Mo. 196. (2) The court gave the plaintiff’s declaration of law, numbered 4, and having found the facts to be as hypothecated therein, the court should have rendered judgment for plaintiff for the full…

1Opinion of the CourtBroaddus, P. J.

— The plaintiff’s suit is based upon a promissory note executed by defendant, payable to S. M. White, dated March 1, 1897, and due one year after date, for the sum of $2,900, with six per centum *30per annum from date, indorsed; “Pay to the order of James P. White, trustee,” by said S. M. White; and further, to foreclose a certain mortgage executed on the same date by defendant on certain land situate in Linn county, Missouri, to secure the payment of said note, wherein one Harry Lander was made trustee. The petition alleges that said S. M'. White, on January 16,1904, the date of transfer of…

2Cases cited3 opinions

  1. McLaughlin v. . WebsterNew York Court of Appeals · 1894
  2. Estes v. FrySupreme Court of Missouri · 1901
  3. Smith v. FinnSupreme Court of Missouri · 1883

3Cited by1 opinion

  1. Amarillo Nat. Bank. v. SanbornCourt of Appeals of Texas · 1914

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