German American Bank v. Smith
Missouri Court of Appeals
Appeal from the Circuit Court of Warren County.— Hon. James D. Barnett, Judge. Plaintiff filed in order, first, a motion for judgment on the pleadings winch was overruled; then a motion to strike out the 2, 3, 4, and 5. alleged defenses, Avhicli Avas sustained as to defense No. 2, but overruled as to defenses -3-, 4, and 5; and thereupon plaintiff filed a demurrer to defenses 3, 4, and 5, Avhich was overruled, and to the- action of the court therein, and upon each of the-…
Read the full summary
Appeal from the Circuit Court of Warren County.— Hon. James D. Barnett, Judge. Plaintiff filed in order, first, a motion for judgment on the pleadings winch was overruled; then a motion to strike out the 2, 3, 4, and 5. alleged defenses, Avhicli Avas sustained as to defense No. 2, but overruled as to defenses -3-, 4, and 5; and thereupon plaintiff filed a demurrer to defenses 3, 4, and 5, Avhich was overruled, and to the- action of the court therein, and upon each of the- aforesaid motions, properly preserved its exceptions thereto; and for the purpose of convenience presents its authorities…
1Opinion of the Court
OPINION.
REYNOLDS, P. J.
(after stating the facts as above). — "While the defendant has not appealed, his learned counsel argue that this instruction was wrong and that the note was void by reason of the failure of the Powder Company to take out a license under the laws of our State. If this is so, then, as an appellate court, we would be bound to hold that plaintiff could not recover on this note. So the Kansas City Court of Appeals held in Ehrhardt v. Robertson Bros., 78 Mo. App. 404, as also in Fay Fruit Co. v. McKinney Bros. & Co., 103 Mo. App. 304, 77 S. W. 160. The authorities sustaining…
2Cases cited11 opinions
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- International Text-Book Co. v. GillespieSupreme Court of Missouri · 1910
- Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
- British-American Portland Cement Co. v. Citizens Gas Co.Supreme Court of Missouri · 1914
- Chicago Mill & Lumber Co. v. SimsSupreme Court of Missouri · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Flinn v. GillenSupreme Court of Missouri · 1928
- Yarbrough v. W. A. Gage & Co.Supreme Court of Missouri · 1934
- Salitan v. Carter, Ealey and DinwiddieMissouri Court of Appeals · 1960
- Goodwin Jean v. American Ry. Express Co.Missouri Court of Appeals · 1927
- Ensign Co. v. CrandallMissouri Court of Appeals · 1921