Stephenson v. Joplin State Bank
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Noto. D. E. Blair, . Judge. (1) The chattel mortgage and the notes in question were in writing and both were written at the same time by Mr. Ramsay, cashier of defendant' and Mr. Ramsay also admitted that the plaintiff signed the said note as surety.
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Appeal from Jasper Circuit Court. — Noto. D. E. Blair, . Judge. (1) The chattel mortgage and the notes in question were in writing and both were written at the same time by Mr. Ramsay, cashier of defendant' and Mr. Ramsay also admitted that the plaintiff signed the said note as surety. We contend that a party who has with knowledge of the facts assumed a particular position in judicial proceedings is estopped to assume a position inconsistent therewith to the prejudice of the other party, particularly if the position previously taken be’ successful. 16 Cyc. 796. (2) A bank has no right to…
1Opinion of the Court
COX, J. —
Action begun before a justice of the peace to recover the sum of $103 which plaintiff had <jn deposit in defendant bank. The defendant filed before the justice a set off or counter-claim in which it claimed plaintiff was indebted to it upon a note in the sum of $103.98 and asked judgment against plaintiff for ninety-eight cents. The defendant was successful in the justice court and recovered judgment against plaintiff for 98 cents as asked. Plaintiff appealed to the circuit court where upon trial de novo plaintiff or defendant neither recovered anything and plaintiff has appealed to…
2Cases cited9 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- Keyes & Watkins Livery Co. v. FreberMissouri Court of Appeals · 1903
- McMillan v. ParkellSupreme Court of Missouri · 1876
- C. G. Conn Co. v. OrrMissouri Court of Appeals · 1910
- Picot v. SigniagoSupreme Court of Missouri · 1856
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3Cited by4 opinions
- Myers v. ChesleyMissouri Court of Appeals · 1915
- Rudolph Wurlitzer Co. v. RossmannMissouri Court of Appeals · 1916
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
- Finch v. HeebMissouri Court of Appeals · 1937