Harris v. Stewart
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. The Statute of Limitations cannot be successfully invoked by respondent in this case, as a bar to any recovery against him. Clinton Co. to Use v. Smith, 238 Mo. 118; Reagan v. Williams, 185 Mo. 620; Bennett v. Mc-Canse, 65 Mo. 194; County of Yernon to Use v. Stewart, 64 Mo. 408; Bender v. Markell, 37 Mo. App. 234. (1) The $5 credit of May 28, 1904, did not prove itself. Without it the note was clearly barred.
Read the full summary
Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. The Statute of Limitations cannot be successfully invoked by respondent in this case, as a bar to any recovery against him. Clinton Co. to Use v. Smith, 238 Mo. 118; Reagan v. Williams, 185 Mo. 620; Bennett v. Mc-Canse, 65 Mo. 194; County of Yernon to Use v. Stewart, 64 Mo. 408; Bender v. Markell, 37 Mo. App. 234. (1) The $5 credit of May 28, 1904, did not prove itself. Without it the note was clearly barred. It was therefore not against the interest of the holders of the note as ordinary credits are presumed to be; but the…
1Opinion of the CourtBecker, J.
Plaintiff, as administrator of the estate of J. H. Patton, deceased, instituted this suit in the *491circuit court of Pike county, Missouri, against the defendants, A. W. Stewart and H. T. Stewart, as makers of a note, dated February 25, 1892, for $253.45, payable to the order of J. H. Patton and W. H. Owen. Upon trial, the court, a jury being waived, rendered a judgment against A. W. Stewart, and in favor of the plaintiff, in the sum of $706. 85, the amount found due on said note; and rendered a judgment in favor of the defendant, H. T. Stewart. From this judgment in favor of H. T; Stewart, the…
2Cases cited7 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Bender v. MarkleMissouri Court of Appeals · 1889
- County of Vernon ex rel. School Fund v. StewartSupreme Court of Missouri · 1877
- Bennett v. McCanseSupreme Court of Missouri · 1877
- Stone v. St. Louis Union Trust Co.Missouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939