Waite v. Bartlett
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The note was based upon an illegal consideration, and no action can be maintained upon it. Sprague v. Pi-ooney, 104 Mo. 358; Bank v. Otvens, 2 Pet. 538; White v. Bass, quoted 104 Mo. 359, 360; Pope v. Gormully, 144-U. S. 235; Bishop on Contracts, sec. 471. (2) It is no answer to this position that a part of the consideration was lawful. This case cannot be distinguished from Bick v. Seal,'¿AS Mo.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The note was based upon an illegal consideration, and no action can be maintained upon it. Sprague v. Pi-ooney, 104 Mo. 358; Bank v. Otvens, 2 Pet. 538; White v. Bass, quoted 104 Mo. 359, 360; Pope v. Gormully, 144-U. S. 235; Bishop on Contracts, sec. 471. (2) It is no answer to this position that a part of the consideration was lawful. This case cannot be distinguished from Bick v. Seal,'¿AS Mo. App. 475; Sumner v. Summers, 54 Mo. 346; Story on Promissory Notes, sec. 190; 1 Waite on Actions & Defenses, 106; Leering v.…
1Opinion of the CourtEllison, J.
— This action was instituted before a justice of the peace on a promissory note. . On appeal to the circuit court a trial was had by the court without a jury which resulted in a judgment for plaintiff for the sum of $122.23, and defendant appeals.
The' court on request made a finding of facts as .follows: “Plaintiffs are and have been ever since January 12, 1884, partners engaged in the business of banking at the town of Blunt, Hughes county, South Dakota; that during the years 1884 and 1885 said *380defendant resided in the territory of Dakota, in the vicinity of said Blunt; on the thirtieth day…
2Cases cited4 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Sprague v. RooneySupreme Court of Missouri · 1891
- Sumner v. SummersSupreme Court of Missouri · 1873
- Bick v. SealMissouri Court of Appeals · 1891
3Cited by5 opinions
- Croom v. JordanCourt of Appeals of Georgia · 1917
- Law v. CrawfordMissouri Court of Appeals · 1896
- Bowman v. StrotherMissouri Court of Appeals · 1910
- Ford v. BatesOregon Supreme Court · 1935
- Seaver v. RayMissouri Court of Appeals · 1909