Keys v. Estate of Keys
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The taking of the notes, executed by Fields & Keys, Jr., for the money advanced by C. ,M. Keys & Co. did not extinguish the original cause of action, but o.nly suspended the right of action during the time of the running of the note or notes, and after the maturity of the same, if not paid, an action can be maintained on the original cause of action, upon surrender of the note, if in the…
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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The taking of the notes, executed by Fields & Keys, Jr., for the money advanced by C. ,M. Keys & Co. did not extinguish the original cause of action, but o.nly suspended the right of action during the time of the running of the note or notes, and after the maturity of the same, if not paid, an action can be maintained on the original cause of action, upon surrender of the note, if in the possession of C. M. Keys & Co., or accounting for its absence. Steamboat Charlotte v. Hammond, 9 Mo. 59; Appleton v. Kennon, 19…
1Opinion of the Court
GRAVES,. J.
This cause originated in tbe probate court of tbe city of St. Louis. In that court tbe plaintiffs bad judgment for nearly $11,000. From that judgment an appeal was taken to tbe circuit court, wherein Hon. Jno. W. Dryden was appointed as referee, and made a finding of facts as well as a statement of bis conclusions of law. Tbe referee recommended judgment for tbe defendant, and judgment was so entered by tbe court, after overruling tbe plaintiffs’ exceptions to tbe report of tbe referee. From that judgment the plaintiffs appeal, and thus tbe case *54is here. The referee in his report…
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- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Gate City National Bank v. ChickMissouri Court of Appeals · 1913
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