Legal Opinion

Farmers' Bank v. Bayliss

Supreme Court of Missouri

Decided August 15, 1867PublishedCited by 15 opinions

Appeal from Fifth District Court. The amended petition was as follows : Plaintiff states that said plaintiff in the lifetime of the said defendant James E.' Hudgins, deceased, to-wit, on the 25th day of December, in the year of our Lord 1862, at the special instance and request of the said defendant, loaned to the said defendants William Hudgins, James E. Hudgins and Thomas H. Bayliss, and said last named defendants then and there borrowed of and from the said plaintiff the…

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Appeal from Fifth District Court. The amended petition was as follows : Plaintiff states that said plaintiff in the lifetime of the said defendant James E.' Hudgins, deceased, to-wit, on the 25th day of December, in the year of our Lord 1862, at the special instance and request of the said defendant, loaned to the said defendants William Hudgins, James E. Hudgins and Thomas H. Bayliss, and said last named defendants then and there borrowed of and from the said plaintiff the sum of thirty-seven hundred dollars, to be paid by the said defendants to the said plaintiff six months then next after…

1Opinion of the CourtHolmes, Judge

The case comes up by appeal from the District Court of the 5th District, in which the judgment obtained by the plaintiff in the Ray Circuit Court was reversed.

The petition must be regarded as stating a cause of action against the members of the firm of Wm. Hudgins & Co. for *285money loaned to them by the plaintiff, and not as an action founded on the note. It contains but one count, and appears to have been framed with a view to maintaining the action both against the parties to the note, as upon a liability created by the instrument, and against the members of the firm, as upon a liability for…

2Cases cited2 opinions

  1. McComas v. StateSupreme Court of Missouri · 1847
  2. Farmers' Bank of Missouri v. BaylessSupreme Court of Missouri · 1865

3Cited by15 opinions

  1. Mills v. RiggleSupreme Court of Kansas · 1911
  2. State v. GriffieSupreme Court of Missouri · 1893
  3. Diamond Plate Glass Co. v. DeHorityIndiana Supreme Court · 1895
  4. Moran v. JanuarySupreme Court of Missouri · 1873
  5. Peckham v. Lindell Glass Co.Missouri Court of Appeals · 1881

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