First National Bank v. Stam
Missouri Court of Appeals
Appeal from Iron County. — Hon. E. II. Dearing, Judge. (1) The question of variance between the allegations of the petitions and the exhibits filed cannot be raised by demurrer, because the court cannot, in any way, look to them or consider ■ them as a part of the pleadings. Hadwin v. Ins.
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Appeal from Iron County. — Hon. E. II. Dearing, Judge. (1) The question of variance between the allegations of the petitions and the exhibits filed cannot be raised by demurrer, because the court cannot, in any way, look to them or consider ■ them as a part of the pleadings. Hadwin v. Ins. Co., 13 Mo. 473; Chambers v. Carthel, 35 Mo. 375; Curry v. Lackey, 35' Mo. 392; Baker v. Berry et al., 37 Mo. 306; Bowling v. McFarlan, 38 Mo. 467; Phillips et al. v. Evans et al., 64 Mo. 22; Peake v. Bell, 65 Mo. 224; Pomeroy v. Fullerton, 113 Mo. 453; Hubbard v. Slavens, 218 Mo. 622; Hanks v. Hanks, 218…
1Opinion of the CourtRobertson, P. J.
— This is an action against appellant and the St. Francis Oil Company on a promissory note. A trial resulted in a verdict for the amount of the note, interest and attorney’s fee. Defendant Stam appealed.
The petition declares on a note for $4000 dated November 23, 1912, due in ninety days after its date, executed by St. Francis Oil Company and appellant- to themselves and indorsed to plaintiff, providing for interest at the rate of eight per cent per annum and for ten per cent attorney’s fee if placed in the hands of an attorney for collection. The note filed therewith conforms to these…
2Cases cited11 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Sonnenfeld v. RosenthalSupreme Court of Missouri · 1912
- Rothwell v. MorganSupreme Court of Missouri · 1865
- Keator v. Helfenstein Park Realty Co.Supreme Court of Missouri · 1910
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3Cited by7 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Murphy v. Electric Park Amusement Co.Missouri Court of Appeals · 1922
- Emmons v. WintersMissouri Court of Appeals · 1982
- Proctor v. Home Trust Co.Missouri Court of Appeals · 1926
- Tom-Pah-Pe v. RoddySupreme Court of Oklahoma · 1927
2 more not listed; retrieve them via the Exa API.