Citizens' Bank v. Booze
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) In this case the interest is in the nature of a penalty for noncompliance with the terms of the contract by defendants, but before the plaintiffs can take advantage of tbe provisions of the contract and claim a penalty, they must show that they are absolutely without fault.
Read the full summary
Appeal from the Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) In this case the interest is in the nature of a penalty for noncompliance with the terms of the contract by defendants, but before the plaintiffs can take advantage of tbe provisions of the contract and claim a penalty, they must show that they are absolutely without fault. The provision for the presentment and demand at the Cainsville bank is just as absolute' as the provision for the payment of interest in case of default, and it does not consist with equity for the plaintiffs to insist on the one without their having…
1Opinion of the Court
Ellison, J. —
This action is based on the following paper transferred to plaintiffs who are a banking company. For convenience we shall designate the paper a note: •
“$441.25 Lamoni, Iowa, May 15, 1890.
“Twelve months after date, for value received, we promise to pay to the order of D. S. Booze, four hundred and forty and 25-100 dollars, without interest if paid when due; payable at the Cainsville Bank, Mo.; and it is expressly agreed that in case default is made in payment, it shall draw ten per cent interest from date, and reasonable attorney’s fees shall be allowed and made a part of the…
2Cases cited16 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
- Second Nat'l Bank v. HillIndiana Supreme Court · 1881
- Voss v. German American BankIllinois Supreme Court · 1876
- Story v. LambMichigan Supreme Court · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
- Saussenthaler v. Federal Union Surety Co.Missouri Court of Appeals · 1917