Elsea v. Pryor
Missouri Court of Appeals
Appeal from Pike Circuit Oourt. — Son. D. S. Eby} Judge. STATEMENT OE THE CASE BY THE COURT. This action was begun on the twenty-sixth of October, 1898, upon an assignee’s allowance of a demand in favor of plaintiffs and against his assignor, the defendant, growing out of a note made by defendant payable to plaintiffs.
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Appeal from Pike Circuit Oourt. — Son. D. S. Eby} Judge. STATEMENT OE THE CASE BY THE COURT. This action was begun on the twenty-sixth of October, 1898, upon an assignee’s allowance of a demand in favor of plaintiffs and against his assignor, the defendant, growing out of a note made by defendant payable to plaintiffs. The note in question was dated April 8, 1885, payable to plaintiff twelve months after date for the sum of $800, with interest at ten per cent to be compounded if not paid annually, signed by defendant and others. On the back of this note there was an indorsement reciting,…
1Opinion of the CourtBond, J.
The allowed demand upon which plaintiffs sued has all the attributes of a judgment so far as -fixing the amount then due upon the note, which was the basis of the allowance, and merging the same into the form of indebtedness expressed by the allowance. Rice, Stix & Co. v. McClure and Harper, 74 Mo. App. 379; Slate Co. v. Cornice & Iron Co., 62 Mo. App. 569; Eppright v. Kauffman, 90 Mo. 25. The testimony of the plaintiff showing that the seventy-five cents received by him from defendant in the form of medicine, was entered upon the back of the note; also showing that defendant did not at that…
2Cases cited6 opinions
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Eppright v. KauffmanSupreme Court of Missouri · 1886
- Hayden Slate Co. v. National Cornice & Iron Co.Missouri Court of Appeals · 1895
- Henry v. DivineySupreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Miller v. MillerMissouri Court of Appeals · 1913
- Bick v. RobbinsMissouri Court of Appeals · 1908