Legal Opinion

Williams v. Moniteau National Bank

Supreme Court of Missouri

Decided October 15, 1880PublishedCited by 9 opinions

Appeal from Moniteau Circuit Court. — Hon. G. W. Miller, Judge. argued that parol evidence was inadmissible to identify the notes. Jennings v. Brizeadine, 44 Mo. 332: McAfferty v. Conover, 7 Ohio St. 99. The plaintiff is estopped.

Read the full summary

Appeal from Moniteau Circuit Court. — Hon. G. W. Miller, Judge. argued that parol evidence was inadmissible to identify the notes. Jennings v. Brizeadine, 44 Mo. 332: McAfferty v. Conover, 7 Ohio St. 99. The plaintiff is estopped. Bigelow on Estoppel, 484; Mardis v. Mardis, 13 La. 236 ; Jennison v. Hapgood, 10 Pick. 77; Rice v. Bunce, 49 Mo. 231; Chouteau v. Goddin, 39 Mo. 229; Garnhart v. Finney, 40 Mo. 449. argued that parol evidence was admissible to prove what indebtedness was intended to be secured. Aull v. Lee, 61 Mo. 160; Scott v. Bailey, 23 Mo. 140; 1 Wash. Real Prop., (2 Ed.) p. 505;…

1Opinion of the CourtNorton, J.

This is a proceeding instituted in the circuit court of Moniteau county against the defendants, W. E. Green, H. O. Hickcox and the Moniteau National Bank, to foreclose a deed of trust executed by defeudant Green to Hickcox, as trustee for plaintiff’s intestate, Robert Basnet, on certain lands therein described.

The petition, after alleging the death of Basnet and *294the appointment of plaintiff as his administrator, alleges that prior to March 28th, 1873, Basnet became security for said Green on a note dated January 29th, 1873, discounted by him to the Moniteau -National Bank for about $1,700 ;…

2Cases cited3 opinions

  1. Aull v. LeeSupreme Court of Missouri · 1875
  2. Black v. GreggSupreme Court of Missouri · 1875
  3. Scott v. BaileySupreme Court of Missouri · 1856

3Cited by9 opinions

  1. Snip v. City of LamarMissouri Court of Appeals · 1947
  2. Ferris v. JohnsonMichigan Supreme Court · 1904
  3. Tobin v. KampeCourt of Appeals for the Eighth Circuit · 1942
  4. Deuser v. WalkupMissouri Court of Appeals · 1891
  5. Murphy v. Butler CountySupreme Court of Missouri · 1944

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API