Olive Street Bank v. Phillips
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. The note offered in evidence is entirely different from the note declared upon in the following particulars: (1) It is payable at Olive Street Bank; (2) The interest is payable monthly; (3) The note is a compound interest note.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. The note offered in evidence is entirely different from the note declared upon in the following particulars: (1) It is payable at Olive Street Bank; (2) The interest is payable monthly; (3) The note is a compound interest note. And under all the authorities, such a note does not support a petition drawn on a simple interest note with interest payable annually— and the principal note made payable at a stated place. Eaulkner v. Faulkner, 73 Mo. 335; Construction Co. v. Iron Works, 154 Mo. 153; Gray v. Race, 51 Mo. App. 553;…
1Opinion of the CourtAllen, J.
This is a suit upon a promissory note given plaintiff bank by defendant for money loaned him and placed to his credit at the bank. The instrument as offered in evidence was in the following form*.
“$1000. “St. Louis, Mo., Feb. 14, 1908.
‘ ‘ Six months monthly after date I promise to pay to the order of Olive Street Bank.................. ................................at the office of the
OLIVE STREET BANK of St. Louis,
One Thousand........................DOLLARS,
For value received, with interest at the rate of 8 per cent per annum from date until maturity, and at eight per cent from maturity…
2Cases cited2 opinions
- Fisher & Co. Real Estate Co. v. Staed Realty Co.Supreme Court of Missouri · 1901
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
3Cited by7 opinions
- First National Bank v. StamMissouri Court of Appeals · 1914
- Ford v. Stevens Motor Car Co.Missouri Court of Appeals · 1920
- Beall v. MillerMissouri Court of Appeals · 1921
- Joblin v. Illinois Surety Co.Missouri Court of Appeals · 1916
- Meridian Lumber Co. v. Lowry Lumber Co.Missouri Court of Appeals · 1921
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