Saulsbury v. Corwin
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. (1) This action is not prosecuted in the name of the real party in interest, as required by statute. R. S. 1889, sec. 1990; Grocery Co. v. Crow, 36 Mo. App. 295. (2) If it be true as stated that plaintiff had no interest in the note, that it was not his, that .he paid nothing for it, that it was his mother’s, then the demurrer to the evidence asked by appellants should have been sustained.
Read the full summary
Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. (1) This action is not prosecuted in the name of the real party in interest, as required by statute. R. S. 1889, sec. 1990; Grocery Co. v. Crow, 36 Mo. App. 295. (2) If it be true as stated that plaintiff had no interest in the note, that it was not his, that .he paid nothing for it, that it was his mother’s, then the demurrer to the evidence asked by appellants should have been sustained. Noeninger v. Vogt, 88 Mo. 590 ; Wilson v. Board of Ed., 63 Mo. 140 ; Buesohing v. Gaslight Co., 73 Mo. 219. Mrs. Lancaster, her husband…
1Opinion of the Court
Thompson, J.,'
delivered the opinion of the court.
This action was commenced before a justice of the peace on the following promissory note :
“$216.75. Memphis, Mo., August 31, 1887.
“Pour months after date, for value received, we promise to pay to the order of Alexander Lancaster two hundred and sixteen and seventy-five-hundredths dollars, with interest at the rate of ten per cent, per annum from maturity; and if the interest be not paid annually to become as principal, and bear the same rate of interest. The signers and indorsers, each, waive demand, notice and protest of this note. Payable at…
2Cited by7 opinions
- Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
- City of Unionville v. MartinMissouri Court of Appeals · 1902
- Banister v. KentonMissouri Court of Appeals · 1891
- Schneider v. JohnsonMissouri Court of Appeals · 1911
- Sprint Communications Co. v. APCC Services, Inc.Supreme Court of the United States · 2008
2 more not listed; retrieve them via the Exa API.