Brown v. Shock
Missouri Court of Appeals
Error to Audrain Circuit Court, Hon. Elijah Hobinson, Judge. Statement of case by the court. This action was founded upon a promissory note.
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Error to Audrain Circuit Court, Hon. Elijah Hobinson, Judge. Statement of case by the court. This action was founded upon a promissory note. The material averments of the petition are as follows : “That defendants herein, by their promissory note, herewith filed, dated November 15, 1885, promised, for value received, to pay plaintiff, Catherine F. Brown, the sum of four hundred and fifty dollars, on the first of March, 1886, with interest thereon, from maturity, at the rate of ten per cent, per annum, and if the interest be not paid annually, to become as principal, and bear the same rate of…
1Opinion of the CourtHall, J.
The note declared on, being payable on a day certain, was entitled to three days of grace. Turk v. Stahl, 53 Mo. 437; McCoy v. Farmer, 65 Mo. 244. Under our statute the filing of the petition was the commencement of the action. Rev. Stat., sect. 3485; Gosline v. Thompson et al., 61 Mo. 471; Dougherty v. Downey, 1 Mo. 675. This suit was begun, then, on March 1, 1886. Under any possible view of the law, the suit must be deemed to have been begun on March 2, 1886, on which day the writ of summons was issued, and service was had on one of the defendants. The note was, therefore, not due at the…
Also in this document: Concurrence.
2Cases cited8 opinions
- Mason v. BarnardSupreme Court of Missouri · 1865
- State ex rel. Reid v. GriffithSupreme Court of Missouri · 1876
- Gosline v. ThompsonSupreme Court of Missouri · 1875
- McCoy v. FarmerSupreme Court of Missouri · 1877
- Staley House Furnishing Co. v. WallaceMissouri Court of Appeals · 1886
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3Cited by7 opinions
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Heard v. RitcheySupreme Court of Missouri · 1892
- Boatmen's Saving Bank v. McMenamyMissouri Court of Appeals · 1889
- Wright & Son v. Bankers' & Merchants' Town Mutual Fire InsuranceMissouri Court of Appeals · 1898
- Lawler v. VetteMissouri Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.