Sanders v. Chartrand
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The petition in this case states a cause of action upon promissory notes, and in order for plaintiffs to recover it was necessary for them to allege and prove that the notes sued on were executed by the North End Building and Loan Association. Showing only that they were attested by the secretary is not sufficient for that purpose. Cole v. Armour, 55 S. W. Rep. 476; Smith v. Roach, 59 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The petition in this case states a cause of action upon promissory notes, and in order for plaintiffs to recover it was necessary for them to allege and prove that the notes sued on were executed by the North End Building and Loan Association. Showing only that they were attested by the secretary is not sufficient for that purpose. Cole v. Armour, 55 S. W. Rep. 476; Smith v. Roach, 59 Mo. App. 115; Coxv. Bishop, 55 Mo. App. 135; Simmons H. Co. v. Grocer Co., 64 Mo. App. 681; Eamous S. & C. Co., v. Iron Works, 51 Mo.…
1Opinion of the CourtMarshall, J.
This is a suit on five notes made by the North End Building and Loan Association, to the order of the plaintiffs, the first dated February 8, 1896, for $400, the second dated March-26, 1896, for $650, the third dated October 6, 1896, for $525, the fourth dated November 9, 1896, for $1,550, and the fifth dated December 10, 1896, for $2,500, all bearing seven per cent interest from date.
The answer is a verified plea of non est factum, and a special plea of want of consideration, coupled with a general denial. The reply is a general denial.
The suit was originally instituted in 1897 against the…
2Cases cited16 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Central National Bank v. DoranSupreme Court of Missouri · 1891
- Bray v. MarshallSupreme Court of Missouri · 1882
- DeBerry v. WheelerSupreme Court of Missouri · 1895
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3Cited by13 opinions
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
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- Boone v. Standard Accident InsuranceSupreme Court of Virginia · 1951
- Fidelity National Bank & Trust Co. v. Tootle-Campbell Dry Goods Co.Supreme Court of Missouri · 1922
- Fuller v. Tootle-Campbell Dry Goods Co.Missouri Court of Appeals · 1915
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