School District v. Sheidley
Supreme Court of Missouri
Appeal from Jacltson Circuit Court. (1) Yery likely it is true that the rich should be generous, yet it also is true that courts in rendering judgments are not led to do so by motives of generosity. Stuart v. Church, 84 Pa. 390. (2) The notes sued' upon were not gifts, they were simply promises to give. The Gammon Co. Lem. v. Rollins, 128 Ind. 92; Smith v. Smith, 30 N. J. Eq. 564. There was no subscription.
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Appeal from Jacltson Circuit Court. (1) Yery likely it is true that the rich should be generous, yet it also is true that courts in rendering judgments are not led to do so by motives of generosity. Stuart v. Church, 84 Pa. 390. (2) The notes sued' upon were not gifts, they were simply promises to give. The Gammon Co. Lem. v. Rollins, 128 Ind. 92; Smith v. Smith, 30 N. J. Eq. 564. There was no subscription. In such case the mutual promise of the subscribers is a consideration. (3) What then was the consideration for the notes sued upon? According to the oral testimony offered by plaintiff,…
1Opinion of the CourtMaceablane, J.
Plaintiff, a public school corporation, sues the defendants, as executors of George Sheidley, deceased, upon three promissory notes dated March 9, 1894, each for $5,000, payable respectively, six, twelve and eighteen months after date, one of which is as follows: °
“$5,000.00. Kansas City, Mo., March 9, 1894.
“Six months after date I promise to pay School District of Kansas City, Missouri, or order, at the Union National Bank, Kansas City, five thousand dollars, for value received, with interest * * * at the rate of no per cent, per annum. Geobg-e Sheidley.”
By answer defendants admit the…
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