Wilson v. Reed
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Hon. G. H. Skinker. Judge. (1) The note being conditioned that if the interest' be not paid annually to become as principal and bear the same rate of interest until paid, thus leaving it optional with the maker whether it should be paid or be compounded by the terms of the note, no forfeiture could be taken until note was fully matured, and the trustee had no right to recover possession until such forfeiture.
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Appeal from Polk Circuit Court. — Hon. G. H. Skinker. Judge. (1) The note being conditioned that if the interest' be not paid annually to become as principal and bear the same rate of interest until paid, thus leaving it optional with the maker whether it should be paid or be compounded by the terms of the note, no forfeiture could be taken until note was fully matured, and the trustee had no right to recover possession until such forfeiture. Koehring v. Muemminghoff, 61 Mo. 403; Frye v. Shepherd, 173 Mo. App. 200. (2) The terms of the note are not controlled by the conditions in the deed of…
1Opinion of the Court
WHITE, C.
— The appeal is from a judgment in favor of the plaintiffs in an ejectment suit.
The abstract of the record proper filed in this court fails to show that a motion for new trial was filed or was overruled, and fails to show that a hill of exceptions was filed. Appellant prints what purports to he a bill of exceptions in which the filing of the motion and the hill of exceptions and the ruling-on the motion are recited, hut that is insufficient to permit a review of alleged errors except such as may appear in the record proper. [Case v. Carland, 264 Mo. 463; Hogan v. Hinchey, 195 Mo. l.…
2Cases cited9 opinions
- Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Philips v. BaileySupreme Court of Missouri · 1884
- Rumsey v. Peoples Railway Co.Supreme Court of Missouri · 1900
- Bassett v. O'BrienSupreme Court of Missouri · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Frame v. Boatmen's Bank of Concord VillageMissouri Court of Appeals · 1989
- Mills v. 1st National Bank of MexicoMissouri Court of Appeals · 1983
- State Ex Rel. Hoyt v. ShainSupreme Court of Missouri · 1936
- Lunsford v. DavisSupreme Court of Missouri · 1923
- Richard v. Wells Fargo Bank, N.A.Missouri Court of Appeals · 2013
6 more not listed; retrieve them via the Exa API.