Brownell & Wight Car Co. v. Barnard
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. C. W. Sloan, Judge. (1) The court erred in overruling the motion to dismiss the interplea. (2) The trust deed from the Electric Springs Railway Company to Theodore Youngs, trustee, and the bonds secured thereby, was improperly admitted, (a) Because there was no showing that the statutory conditions authorizing their issue had been complied with.
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Appeal from Johnson Circuit Court. — Hon. C. W. Sloan, Judge. (1) The court erred in overruling the motion to dismiss the interplea. (2) The trust deed from the Electric Springs Railway Company to Theodore Youngs, trustee, and the bonds secured thereby, was improperly admitted, (a) Because there was no showing that the statutory conditions authorizing their issue had been complied with. Constitution, 1875, art. 12, sec. 8; Revised Statutes, 1889, secs. 2499, 2500; State exrel. McGrath, 86 Mo. 239. (b) Because no sufficient foundation was laid for introduction of secondary evidence of the…
1Opinion of the CourtBkace, J.
an action upon a promissory note for $2,780, instituted in the Johnson county circuit court by the said Brownell & Wight Car Company, the defendants in this issue, against the makers thereof, Prank Barnard, J. B. Wood, Prank Wood, and M. P. Doud, ¡a writ of attachment upon statutory grounds was issued, returnable to the -October term, 1890, of said court, in aid of the action and on the eleventh day of June, 1890, levied upon four street railway cars. At the ensuing October term of said court, and on the twenty-first day of October, 1890, Gleorge W. Colbern, the plaintiff in this issue,…
2Cases cited4 opinions
- Musser v. JohnsonSupreme Court of Missouri · 1867
- Straus v. RothanSupreme Court of Missouri · 1890
- Hamilton v. McLaughlinMassachusetts Supreme Judicial Court · 1887
- Missouri Fire Clay Works v. EllisonMissouri Court of Appeals · 1888
3Cited by6 opinions
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Barbee & Co. v. CrawfordMissouri Court of Appeals · 1908
- Degnan v. ThoroughmanMissouri Court of Appeals · 1901
- Nunn v. CarrollMissouri Court of Appeals · 1900
- Glenn v. GlennMissouri Court of Appeals · 1901
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