Citizens Bank of Senath v. Douglass
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Eon. W. S. C. Walker, Judge. (1) The court erred in sustaining a part of plaintiff’s motion to strike out and striking out that part of plaintiff’s petition relating to the assuming of this note in controversy'by third parties. Leckie v. Bennett, 160 Mo. App. 145. The petition alleged that plaintiff recognized as payor of this note, the parties, assuming payment and contracted with them to extend the time of payment.
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Appeal from Dunklin Circuit Court. — Eon. W. S. C. Walker, Judge. (1) The court erred in sustaining a part of plaintiff’s motion to strike out and striking out that part of plaintiff’s petition relating to the assuming of this note in controversy'by third parties. Leckie v. Bennett, 160 Mo. App. 145. The petition alleged that plaintiff recognized as payor of this note, the parties, assuming payment and contracted with them to extend the time of payment. (2) The court erred! in admitting the note in evidence over defendants’ objection because it was not the note sued on. It amounted to a…
1Opinion of the CourtAllen, J.
This is an action by plaintiff bank -upon a promissory note executed by the defendants. .Plaintiff had judgment for the amount remaining unpaid on the note, with accrued interest thereon, and the •defendants have appealed.
The note in suit was originally for the sum of $2250, dated January 10,1906, due March 1, 1906, and payable to the order of plaintiff. It bore interest at 'the rate of eight per cent per annum, and contained the following provision: “Makers and endorsers of this ■note hereby severally waive presentment of payment *673and notice of nonpayment, protest and consent that time of…
2Cases cited33 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Nelson v. BrownSupreme Court of Missouri · 1897
- Third National Bank v. St. Charles Savings BankSupreme Court of Missouri · 1912
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3Cited by24 opinions
- First Nat. Bank v. Conway Road Estates Co.Court of Appeals for the Eighth Circuit · 1938
- Winans v. HareSupreme Court of Oklahoma · 1915
- Long v. MasonSupreme Court of Missouri · 1918
- McFarland v. MelsonSupreme Court of Missouri · 1929
- Long v. ShaferMissouri Court of Appeals · 1914
19 more not listed; retrieve them via the Exa API.