Isenhour v. Barton County
Supreme Court of Missouri
Appeal from Barton Circuit Court. — No». IS. C. Timmonds, Judge. (1) It was originally a question whether county warrants ever drew interest or not. And the authorities are not now unanimous that they do. 1 Dillon’s Mun. Corp. (4 Ed.), sec. 506; 4 Am. and Eng. Ency.
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Appeal from Barton Circuit Court. — No». IS. C. Timmonds, Judge. (1) It was originally a question whether county warrants ever drew interest or not. And the authorities are not now unanimous that they do. 1 Dillon’s Mun. Corp. (4 Ed.), sec. 506; 4 Am. and Eng. Ency. Law (1 Ed.), 362. (2) But it was early ruled in Missouri that they do draw interest, hut only after presentation for payment and failure to pay for lack of funds (and even then the claim for interest must he presented to the county court for allowance, which point was sought to he made in defendant’s original answer in this case,…
1Opinion of the CourtBurgess, J.
This is an action upon ninety-five warrants issued by the county of Barton to different persons, and sold and delivered to the plaintiff.
The petition was filed on the 5th day of April, 1902, and contained a separate count upon each warrant. In its answer defendant offered to let judgment go for principal and interest upon all counts except the 10, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 42. As to these, defendant offered to let plaintiff take judgment on each of them for the amount of the principal of the warrants, but denied defendant’s liability for any in*167terest thereon. The court,…
2Cases cited5 opinions
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- State ex rel. Jeffries v. Trustees of Town of PacificSupreme Court of Missouri · 1875
- Reed v. PainterSupreme Court of Missouri · 1895
- Robbins v. Lincoln County CourtSupreme Court of Missouri · 1831
- Wanschaff v. Masonic Mutual Benefit SocietyMissouri Court of Appeals · 1890
3Cited by6 opinions
- Sturdivant Bank v. Stoddard CountySupreme Court of Missouri · 1933
- Webb-Kunze Construction Co. v. Gilsonite Construction Co.Supreme Court of Missouri · 1920
- Haven v. Home InsuranceMissouri Court of Appeals · 1910
- Heiden v. General Motors Corp.Missouri Court of Appeals · 1978
- Steffen v. LongMissouri Court of Appeals · 1912
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