National Bank of Commerce v. Butler
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuilUn, Judge. (1) The court erred in allowing plaintiff to take a nonsuit after the cause had been finally submitted.
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Appeal from St. Louis City Circuit Court. — Eon. Eugene McQuilUn, Judge. (1) The court erred in allowing plaintiff to take a nonsuit after the cause had been finally submitted. E. S. 1909, sec. 1980; Strottman v. Eailroad, 128 S. W. 192; Lawyers Co. v. Gordon, 173 Mo. 143; Ivory v. Delore, 26 Mo. 505. (2) In any aspect of the record, there is no ground whatever shown for the action of the trial court, and it was an abuse of jurisdiction or discretion (even if it existed) to set aside the submission without some showing of ground or reason so to do. Allen v. Hickman, 156 Mo. 49; Car Co. v.…
1Opinion of the Court
NORTON!, J.
The court permitted plaintiff to dismiss its suit after the cause had been submitted, and from the judgment of dismissal defendants prosecute the appeal.
The suit is on a promissory note. Defendants became indorsers on the note of one Haynes for $5009, which was subsequently and before maturity assigned to plaintiff for value. The suit proceeds against defendant indorsers alone, and a trial was had before the court without a jury. It appears that on April 16, plaintiff introduced its evidence, consisting of the note, the indorsements and certificate of presentment and protest.…
2Cases cited9 opinions
- Lawrence v. ShreveSupreme Court of Missouri · 1858
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
- Lawyers' Co-Operative Publishing Co. v. GordonSupreme Court of Missouri · 1903
- Pearce v. DansforthSupreme Court of Missouri · 1850
- Houston's Admr. v. Thompson's Admr.Missouri Court of Appeals · 1901
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3Cited by5 opinions
- King v. Superior CourtCalifornia Court of Appeal · 1936
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- Piatt v. Heim & Overly Realty Co.Supreme Court of Missouri · 1938
- Piatt v. Realty Co.Supreme Court of Missouri · 1938
- Reynolds v. VidorCalifornia Court of Appeal · 1941