Phenix Insurance v. Poster
Missouri Court of Appeals
Appeal from, the Johnson Circuit Court. — Hon. W. W. Wood, Judge. The statement is not good. Respondents are attempting to recover on a note, and it was not made a part of statement, but only introduced as evidence. A copy in the statement is not sufficient. Revised Statutes, section 6138,
1Opinion of the CourtGill, J.
— This purports to be a suit on a promissory note charged to>have been executed by the defendants. It originated before a justice of the- peace, but the plaintiff failed to file the instrument sued on with' the justice. Neither was the note alleged to have been lost or destroyed — indeed it affirmatively appears, by the evidence adduced, to have been in existence and in the hands of plaintiff.
When the case was heard in the circuit court the defendants objected to any evidence, on the ground that there was no cause of action stated, etc. The court overruled the objection;- the case was…
2Cases cited3 opinions
- Robinson v. WalkerSupreme Court of Missouri · 1869
- Olin v. ZeiglerMissouri Court of Appeals · 1891
- Gideon v. HughesMissouri Court of Appeals · 1886
3Cited by8 opinions
- Carter v. FlynnMissouri Court of Appeals · 1938
- Baskowitz v. GuthrieMissouri Court of Appeals · 1903
- Idalia Realty & Development Co. v. NormanMissouri Court of Appeals · 1914
- Mansur v. LinneyMissouri Court of Appeals · 1912
- First National Bank of Kansas City v. GoodrichMissouri Court of Appeals · 1946
3 more not listed; retrieve them via the Exa API.