Missouri Pacific Railway Co. v. Atkison
Missouri Court of Appeals
Appeal from Cass Circuit Court, Hon. Noah M. Givan, Judge. The facts sufficiently appear in the opinion of the court. I. This being a pure bonus, not a subscription to-stock, the contract must be complied with in every particular, or plaintiff cannot recover.
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Appeal from Cass Circuit Court, Hon. Noah M. Givan, Judge. The facts sufficiently appear in the opinion of the court. I. This being a pure bonus, not a subscription to-stock, the contract must be complied with in every particular, or plaintiff cannot recover. The contract was not complied with by plaintiff, and defendants are not required to give reasons but may insist on the contract and nothing else. — Fenton v. Perkins, 3 Mo. 106 ; Chouteau v. Russell', 4 Mo. 553; State v. Daviess County Court, 64 Mo. 30. II. These notes are void as against public policy. It is the duty of the railroad…
1Opinion of the Court
Opinion by
Philips, P. J.
This is an action to recover on a promissory note executed by defendants to a railroad corporation, designated as “The Lexington and Southern Railway Company.” Said note is in words as follows :
“$360.00. Butler, Mo., January 1st, 1880.
On or before the 1st day of January, A. D. 1881, we or either of us promise to pay to the order of the Lexington & Southern Railway Company, the sum of three hundred and sixty dollars, for value received.
R. A. & John Atkison.”
To this was attached the following stipulation or contract as expressive of the consideration of the note:
“The…
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