Caldwell v. Farmers' & Merchants' Bank
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) This is an action brought to cancel a note for $1,700, and a bill of sale on forty head of cattle, given to secure it, for an accounting. The purpose of the accounting was to show that there was not only no consideration for the note, but that at the date of the execution of the note the defendant was actually indebted to the plaintiff. (2) It will be necessary for the court to review the entire record.
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Appeal from Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) This is an action brought to cancel a note for $1,700, and a bill of sale on forty head of cattle, given to secure it, for an accounting. The purpose of the accounting was to show that there was not only no consideration for the note, but that at the date of the execution of the note the defendant was actually indebted to the plaintiff. (2) It will be necessary for the court to review the entire record. It will disclose that the plaintiff has very bad eyesight, unable to read at all by lamplight, and with great difficulty…
1Opinion of the CourtGoode, J.
This proceeding was instituted to have cancelled a certain promissory note for $1,700, dated July 3, 1900, due four months after date, and executed by the plaintiff to the defendant on the ninth day of July; also a bill of sale on forty head of cattle executed by the plaintiff to secure said note; also for an accounting. The plaintiff, according to the petition and the proof, did business with the defendant bank for some years prior to January 1, 1898, and, as the plaintiff was a stock-dealer, his account was an active one, numerous transactions in the way of deposits, checks and loans…
2Cases cited5 opinions
- State ex rel. Clarkson v. St. Louis Court of AppealsSupreme Court of Missouri · 1885
- Dunn v. DunnakerSupreme Court of Missouri · 1885
- State v. BurksSupreme Court of Missouri · 1896
- Gamble v. GibsonSupreme Court of Missouri · 1884
- Knowles v. MercerSupreme Court of Missouri · 1852
3Cited by2 opinions
- Detjen v. Moerschel Brewing Co.Missouri Court of Appeals · 1911
- Ruth Campbell v. County Commission of Franklin County, Defendant/Respondent, and Union Electric Company, d/b/a Ameren Missouri, Intervenor-Defendant/Respondent.Missouri Court of Appeals · 2014