Vallé v. Picton
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. A defendant is not bound to answer a suit begun without the plaintiff’s authority. — Weeks on Attorneys, sect. 200. If the attorney, after a motion to dismiss is made, and after a reasonable notice of it, fails to show his authority the court shall dismiss the suit. —Weeks on Attorneys, sect. 214, p. 370; Turner v. Caruthers, 17 Cal. 433; McKernanv. Caruthers, 4 How.
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Appeal from the St. Louis Circuit Court, Lubke, J. A defendant is not bound to answer a suit begun without the plaintiff’s authority. — Weeks on Attorneys, sect. 200. If the attorney, after a motion to dismiss is made, and after a reasonable notice of it, fails to show his authority the court shall dismiss the suit. —Weeks on Attorneys, sect. 214, p. 370; Turner v. Caruthers, 17 Cal. 433; McKernanv. Caruthers, 4 How. (Miss.) 333. A promise is a sufficient consideration for another promise. — 1 Pars, on Con. bottom p. 470; s. c. 9 Bing. 68; Mississippi Bank v. Sabin, 48 Vt. 329 ; Moss v.…
1Opinion of the Court
Lewis, P. J.,
delivered the opinion of the court..
The petition contains two counts on promissory notes, and one for money paid by the plaintiff to the defendant’s use. The verdict and judgment were for the plaintiff on all the counts.
The amended answer alleges that the defendant’s former wife, a daughter of the plaintiff, had sued him for divorce, in which suit he had filed an answer and cross-bill. That, during the pendency of that proceeding, the present plaintiff and defendant entered into an agreement, by which the plaintiff was to cancel and surrender to the defendant the notes here sued…
2Cases cited1 opinion
- Keith v. WilsonSupreme Court of Missouri · 1840
3Cited by4 opinions
- Ring v. Charles Vogel Paint & Glass Co.Missouri Court of Appeals · 1891
- Nelson v. DiffenderfferMissouri Court of Appeals · 1914
- Valle v. PictonSupreme Court of Missouri · 1886
- Robinson v. RobinsonMissouri Court of Appeals · 1888