Third National Bank v. Owen
Supreme Court of Missouri
Appeal from St. Louis City Circuit' Court. — Hon. Gr. W. Lubktc, Judge. (1) The court erred in striking out from the defendants’ answer to plaintiff.’s amended petition those portions-to which the plaintiff’s motion to strike out was addressed. Skillet v. Fletcher, 2 Com.
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Appeal from St. Louis City Circuit' Court. — Hon. Gr. W. Lubktc, Judge. (1) The court erred in striking out from the defendants’ answer to plaintiff.’s amended petition those portions-to which the plaintiff’s motion to strike out was addressed. Skillet v. Fletcher, 2 Com. Pleas, Law Rep. 469 ; Bank v. Hunt, 72 Mo. 600; Graves v. Bank, 10 Bush. 23. (2) The court erred in the compulsory reference of the case, against the objections of defendants, thus depriving defendants of their right to have the issues tried by the jury or before the court. 1 R. S., sec. 3606, p. 616; Gamp v. Ingersoll, 86…
1Opinion of the CourtBrace, J.
This is an action upon a bond executed on the twentieth of May, 1875, by the defendant O. E. Owen as principal, and by the defendants Edwin Harrison, W. H. Block, Charles Creen and Charles P. Chouteau as sureties in the sum of thirty thousand dollars, payable to the plaintiff upon the following condition: “That, whereas the above bound O. E. Owen has been by the board of directors of the said Third National Bank of St. Louis appointed receiving teller of said bank, and whereas he, the said O. E. Owen, may from time to time, by the board of directors of the said Third National Bank of St.…
2Cases cited4 opinions
- State ex rel. Southern Bank v. AthertonSupreme Court of Missouri · 1867
- Guardian Fire & Life Assurance Co. v. ThompsonCalifornia Supreme Court · 1885
- Harrison v. Lumbermen & Mechanics' InsuranceMissouri Court of Appeals · 1879
- Home Savings Bank v. TraubeSupreme Court of Missouri · 1881
3Cited by6 opinions
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Wood v. MurphyMissouri Court of Appeals · 1892
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- Star Insurance Co. of America v. CareySupreme Court of Kansas · 1928
- Jackson Exchange Bank v. RussellMissouri Court of Appeals · 1914
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