Workman v. Campbell
Supreme Court of Missouri
'Error to First District Court I. The Circuit Court erred, in sustaining the demurrer, because the writing sued upon has the force and effect of a promissory note and imports a consideration. (Capíes v. Branham, 20 Mo. 244 ; 18 Mo. 513 ; 2 Am. Lead. Cas. 162 ; 4 N. H. 534 ; 20 Johns.- 89 ; 1 Mete. 570 ; 2 Denio, 403.) II.
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'Error to First District Court I. The Circuit Court erred, in sustaining the demurrer, because the writing sued upon has the force and effect of a promissory note and imports a consideration. (Capíes v. Branham, 20 Mo. 244 ; 18 Mo. 513 ; 2 Am. Lead. Cas. 162 ; 4 N. H. 534 ; 20 Johns.- 89 ; 1 Mete. 570 ; 2 Denio, 403.) II. This contract is not, upon -its face, against public policy; and therefore void. • if -the money subscribed was not used, or to be used, to improperly influence the company or its officers'to locate a depot, then the consideration is goo'd, and the subscription was not…
1Opinion of the CourtWaGNBR, Judge
Plaintiff brought his action in the Johnson County Circuit Court to recover the sum of $200, together with interest, on a subscription made by the defendant. The petition, in substance, sets out that by the subscription paper the defendant, with,others, bound himself to pay the amount subscribed to John A. Pigg, Jr., or whoever might present a petition or proposition to the board of directors of the Pacific railroad, to be used in securing the location of a depot on the land then owned by Samuel Workman or James McKehan; the money to he paid whenever it was ascertained that the location was…
2Cases cited8 opinions
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- Koch v. LaySupreme Court of Missouri · 1866
- Hannibal, Ralls County & Paris Plank Road Co. v. RobinsonSupreme Court of Missouri · 1858
- Hook v. MurdochSupreme Court of Missouri · 1866
- Campbell v. WolfSupreme Court of Missouri · 1863
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3Cited by15 opinions
- Noble v. Mead-Morrison Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- Tucker v. AllenSupreme Court of Kansas · 1876
- McCowen v. PewCalifornia Supreme Court · 1908
- Pitt v. GentleSupreme Court of Missouri · 1871
- North St. Louis Planing Mill Co. v. EssexMissouri Court of Appeals · 1911
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