Sauter v. Leveridge
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. G-ill, Judge. (1) The court erred in overruling defendant’s motion to strike out plaintiff’s amended petition. (2) The court erred in overruling defendant’s demurrer to plaintiff’s amended petition. On a lost negotiable instrument an action of law cannot be maintained, but the suit must be in equity. Story on Prom.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. T. A. G-ill, Judge. (1) The court erred in overruling defendant’s motion to strike out plaintiff’s amended petition. (2) The court erred in overruling defendant’s demurrer to plaintiff’s amended petition. On a lost negotiable instrument an action of law cannot be maintained, but the suit must be in equity. Story on Prom. Notes [19 Ed.] sec. 108; 2 G-reenieaf on Ev. [14 Ed.] sec. 156; Rowley v. Ball, 3 Cowen, 303; Mayor ». Johnson, 3 Camp. 324; Champion v. Eerry, 3 B. & B. 295. This rule, however, is modified in many of the states by statute which…
1Opinion of the CourtBrace, J.
This action was commenced in the Jackson circuit. court on the thirteenth of April, 1887. In the original petition the plaintiff declared in one court on two promissory notes, each dated the twenty-fourth of November, 1869, and bearing ten-per-cent, interest; one payable nine months after date for the sum of $600, and one payable twelve months after date for the sum of $500, and both alleged to have been executed and delivered by the defendant to one C. F. Aehle and by him indorsed and transferred to the plaintiff. The notes counted on were not filed with the petition. A demurrer was…
2Cases cited4 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Silver v. Kansas City, St. Louis & Chicago Railway Co.Missouri Court of Appeals · 1886
- Orr v. WilmarthSupreme Court of Missouri · 1888
3Cited by30 opinions
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Sperry v. HurdSupreme Court of Missouri · 1916
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- State Ex Rel. Brancato v. TrimbleSupreme Court of Missouri · 1929
25 more not listed; retrieve them via the Exa API.