First National Bank v. Skeen
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Charles W. Sloan, Judge. Judge Hall, being of opinion that the first paragraph of this opinion is in conflict with the holding of the Supreme Court in Chouteau v. Allen,, the causéis certified to the Supreme Court. The case and facts are stated in the opinion of the , court. I. The court erred in taking the case from the-jury; a demurrer to the evidence admits every reasonable inference which a jury might make from the facts adduced.
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Appeal from Johnson Circuit Court, Hon. Charles W. Sloan, Judge. Judge Hall, being of opinion that the first paragraph of this opinion is in conflict with the holding of the Supreme Court in Chouteau v. Allen,, the causéis certified to the Supreme Court. The case and facts are stated in the opinion of the , court. I. The court erred in taking the case from the-jury; a demurrer to the evidence admits every reasonable inference which a jury might make from the facts adduced. People v. Poe, 1 Hill (N. Y.) 471 Fowler v. Alexandria, 11 Wheat. 320; Dickey v. Schrader, 3 Serg. & Rawl. 413, 416 ;…
1Opinion of the CourtPhilips, P. J.
-This is an action on the following instrument of writing:
“$417.00. Holden, Mo., July 7, 1884.
‘ ‘ For value received, on or before the first day of September, 1885, the undersigned promise to pay to the order of Springfield Engine and Thresher Company, four hundred and seventeen dollars, payable at Farmers’ *120and Commercial Bank, Holden, Mo., with interest at eight per cent, from daté until due, and ten per cent, after due.
“ J. T. Fancher,
“W. A. Skeen.”
The petition, after alleging that the payee was a corporation in the state of Ohio, averred that plaintiff, a banking corporation, was the owner…
2Cases cited7 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Johnson v. McMurrySupreme Court of Missouri · 1880
- Mattison v. MarksMichigan Supreme Court · 1875
- Ubsdell v. CunninghamSupreme Court of Missouri · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Maze v. BairdMissouri Court of Appeals · 1901
- First State Bank v. HammondMissouri Court of Appeals · 1904
- Fogg v. School DistrictMissouri Court of Appeals · 1898