Munroe v. Dougherty
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court — Eon. Eugene McQtálíin, Judge. (1) Mere forgetfulness of the party or his attorney will not excuse him. But misunderstanding or mistake undoubtedly will. It is a case of an honest mistake of fact. Parks v. Coyne, 156 Mo. App. 395; Barto v. Electric Co., 119 Iowa, 179; Davis v. Carp, 139 Mo. App. 650; Realty Co. v. Timmerberg, 178 Mo.
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Appeal from St. Louis City Circuit Court — Eon. Eugene McQtálíin, Judge. (1) Mere forgetfulness of the party or his attorney will not excuse him. But misunderstanding or mistake undoubtedly will. It is a case of an honest mistake of fact. Parks v. Coyne, 156 Mo. App. 395; Barto v. Electric Co., 119 Iowa, 179; Davis v. Carp, 139 Mo. App. 650; Realty Co. v. Timmerberg, 178 Mo. App. 655; Breed v. Hobard, 187 Mo. 140. (2) Appellate courts favor a trial on tlie merits of tbe case and are more inclined to interfere with tbe discretion of tbe court where this is refused. Realty Co. v. Timmerberg,…
1Opinion of the CourtThompson, J.
This was an action on a promissory note brought by O. M. Munroe against the defendants. The plaintiff had judgment in the circuit court, and upon- motion to set aside said judgment being overruled, defendants appealed. •
The note sued on is in words and figures as follows :
*127“$16 (Red)
$385 “Fenton, Mo. Sept. 22, 1904.
$401 (Red)
“Six months after date I promise to pay to O. M. Mnnroe of Jefferson Connty Bank of De Soto, Mo., or order, three hundred eighty-five dollars, for value received, with interest from date at the rate of eight per centum per annum until paid, and I agree to pay same at…
2Cases cited27 opinions
- Parks v. CoyneMissouri Court of Appeals · 1911
- Page v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Finlayson v. American Accident Co. of LouisvilleSupreme Court of North Carolina · 1891
- Gehrke v. JodSupreme Court of Missouri · 1875
- Robyn v. Chronicle Publishing Co.Supreme Court of Missouri · 1895
22 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- J. G. Jackson Associates v. MosleyMissouri Court of Appeals · 1958
- Barlow v. Shawnee Investment Co.Missouri Court of Appeals · 1932
- Bowles v. BranickDistrict Court, W.D. Missouri · 1946
3 more not listed; retrieve them via the Exa API.