Hodges v. Runyan
Supreme Court of Missouri
Appeal from Putnam Circuit Court. The following is the promissory note sued on: “ $65.00. St. John, Mo., April 8, 1856. Twelve months after date, I promise, on behalf of the trustees of school district No. 2 of school township No. 14, of Putnam county, Mo., to pay, to the order of Giles Hodges, the sum of sixty-five dollars, for value received. [Signed] Trustee, A. S. Runyan.” I. The court erred in striking out defendant’s demurrer.
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Appeal from Putnam Circuit Court. The following is the promissory note sued on: “ $65.00. St. John, Mo., April 8, 1856. Twelve months after date, I promise, on behalf of the trustees of school district No. 2 of school township No. 14, of Putnam county, Mo., to pay, to the order of Giles Hodges, the sum of sixty-five dollars, for value received. [Signed] Trustee, A. S. Runyan.” I. The court erred in striking out defendant’s demurrer. The matters set forth, which must be taken as true, constitute a defence to the action.
1Opinion of the CourtEwing, Judge
This was an action on a promissory note by which the defendant promises to pay the plaintiff twelve months after date, “ on behalf of the trustees of school district No. 2 of school township No. 14, of Putnam county, Mo.,” the sum of sixty-five dollars, for value received, and signed by him as trustee. The answer alleges, among other matters, that the debt, for which the note was given, accrued to plaintiff for building a school-house for district No. 2, pursuant to an agreement entered into between the trustees and plaintiff previously to the execution of the note, by which agreement…
2Cases cited1 opinion
- Tutt ex rel. Hardy v. HobbsSupreme Court of Missouri · 1853
3Cited by1 opinion
- Jacquemin v. AndrewsMissouri Court of Appeals · 1890