Reynolds v. Schade
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. The endorsement of the $3,000 note by Robert L. Taylor to Bettie D. Hempstead upon the payment of the note for $1,342.35 on July 2d, 1904, did not continue the note in force. The note was the joint note of Benjamin R. Hempstead and Bettie D. Hempstead, and the payment by either party extinguished the debt and canceled the note. 2 Parsons on Notes and Bills, p. 237; Williams v. Gerber, 75 Mo.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry C. Riley, Judge. The endorsement of the $3,000 note by Robert L. Taylor to Bettie D. Hempstead upon the payment of the note for $1,342.35 on July 2d, 1904, did not continue the note in force. The note was the joint note of Benjamin R. Hempstead and Bettie D. Hempstead, and the payment by either party extinguished the debt and canceled the note. 2 Parsons on Notes and Bills, p. 237; Williams v. Gerber, 75 Mo. App. 18. (1) At the very threshold respondent contends that there is no bill of exceptions in the case and therefore nothing here…
1Opinion of the CourtNortoni, J.
The first question relates to an extension of time for filing the bill of exceptions. On the fifth day of September, 1905, and during the term, the court granted plaintiff ninety days from that date in which to file a bill of exceptions. The time thus granted would expire on the 4th day of December, 1905. During that time, and before its expiration, to-wit, on November 20th, counsel representing either party, entered into a stipulation, providing that plaintiff should have additional time for the filing of his bill of exceptions, which additional time should expire February 1st, 1906.…
2Cases cited33 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Barrett v. DavisSupreme Court of Missouri · 1891
- Bush v. . ColeNew York Court of Appeals · 1863
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3Cited by5 opinions
- Long v. ShaferMissouri Court of Appeals · 1914
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- Stephenson v. Joplin State BankMissouri Court of Appeals · 1911
- Scheer v. BrooksSupreme Court of Missouri · 1933
- Central American Steamship Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1910