Donaldson v. County of Butler
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. John Gr Wear, Judge. The only question presented by this record is oné of pleading. The petition declared upon the coupon without reference to the bond from which it was detached. It is good pleading.
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Appeal from Butler Circuit Court. — Hon. John Gr Wear, Judge. The only question presented by this record is oné of pleading. The petition declared upon the coupon without reference to the bond from which it was detached. It is good pleading. As the coupon, though part of the bond, when detached, becomes negotiable paper to •circulate from hand to hand and enables the holder to collect the interest without the presentation of the bond, it is certainly unnecessary for him, when suing on the coupon, to declare upon the bond. He has not the bond and could not produce it in court. The coupon, on…
1Opinion of the CourtBlack, J.
— This is a suit against the county or Butler based upon fifty interest coupons, each for the sum of ten dollars. The counts are all similar to the first which is as follows: “Plaintiff states that he is the holder for a valuable consideration, paid before maturity and without notice, of the following coupon: ‘ On the first day of October, 1882, the county of Butler in the state of Missouri promises to pay to the bearer hereof ten dollars, at the laicas Bank, St. louis, being one year’s interest on bond number 264. Wm. A. Spence, clerk of Butler county court, Missouri.’ Plaintiff states that…
2Cases cited2 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Roberts v. WalkerSupreme Court of Missouri · 1884
3Cited by18 opinions
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- Myers v. AdlerMissouri Court of Appeals · 1915
- Shaw v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Coulter v. CoulterMissouri Court of Appeals · 1907
- American Clay Machinery Co. v. Sedalia Brick & Tile Co.Missouri Court of Appeals · 1913
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