Lee v. Porter
Missouri Court of Appeals
Appeal from Howard Circuit Court, Hon. Gr. H. Burokiiartt, J. Statement of case by the court. The petition in this case contains two counts. The first count sets out the following facts, in substance: That in September, 1882, the defendant Porter was indebted to one John L. Canole in a sum in excess of $216.00, and Canole was indebted to plaintiff in the sum of $216, evidenced by a promissory note.
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Appeal from Howard Circuit Court, Hon. Gr. H. Burokiiartt, J. Statement of case by the court. The petition in this case contains two counts. The first count sets out the following facts, in substance: That in September, 1882, the defendant Porter was indebted to one John L. Canole in a sum in excess of $216.00, and Canole was indebted to plaintiff in the sum of $216, evidenced by a promissory note. That plaintiff and said Canole requested defendant to pay p1a.irif.iff said sum of $216.00; and that defendant agreed that if plaintiff would obtain from said Canole an order on defendant therefor,…
1Opinion of the Court
Opinion by
Philips, P'. J.
1. The order drawn by Canole, in contemplation of law, is an inland bill of exchange. Taylor v. Newman, 77 Mo. 257. As such no action could be maintained thereon against the drawee because it was not accepted in writing, nor was there any written promise to accept it. Secs. 533 and 535 Rev. Stat.
Counsel are in error in assuming that the defendant cannot avail himself of this defence on the ground that he has not specifically pleaded it in his 'answer. This issue is well tendered, as to this petition, by the general •denial. Nicholas, Springer et al. v. Kleinsorge, 83…
2Cases cited5 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Durham v. BischofIndiana Supreme Court · 1874
- Murphy v. HanrahanWisconsin Supreme Court · 1880
- Taylor v. NewmanSupreme Court of Missouri · 1883
- Edgell v. TuckerSupreme Court of Missouri · 1867
3Cited by6 opinions
- Babbitt v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
- Brown v. CroyMissouri Court of Appeals · 1898
- Nichols v. Commercial BankMissouri Court of Appeals · 1893
- Elliott v. QuallsMissouri Court of Appeals · 1910
- Badger Lumber Co. v. MeffertMissouri Court of Appeals · 1894
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