Wade v. Boone
Missouri Court of Appeals
Appeal from Stoddard1 Circuit Court. — Ho». W. 8. C. Walker, Judge. (1) There is no evidence in this record even tending to prove that J. E. Parrish was the agent of Ruth C. O’Connor with power and authority as such to assign the note in suit to respondents. Hardesty v. Newby, 28 Mo. 567; Paper Mfg. Co. v. Bank, 199 Ill. 151; Jackson v. Bank, 92 Tenn. 154; Goodfellow v. Landis, 36 Mo. 168 ; Quigley v. Bank, 80 Mo. 289; Smith v. Johnson, 71 Mo. 282; Cannon v. Gibson, 162 Mo.
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Appeal from Stoddard1 Circuit Court. — Ho». W. 8. C. Walker, Judge. (1) There is no evidence in this record even tending to prove that J. E. Parrish was the agent of Ruth C. O’Connor with power and authority as such to assign the note in suit to respondents. Hardesty v. Newby, 28 Mo. 567; Paper Mfg. Co. v. Bank, 199 Ill. 151; Jackson v. Bank, 92 Tenn. 154; Goodfellow v. Landis, 36 Mo. 168 ; Quigley v. Bank, 80 Mo. 289; Smith v. Johnson, 71 Mo. 282; Cannon v. Gibson, 162 Mo. App. 386; Groneweg & Schoentgen Co. v. Estes, 144 Mo. App. 418; 31 Cyc. 1373; Graham v. U. S. Savings Institution, 46…
1Opinion of the CourtAllen, J.
This action was instituted by respondents in the circuit court of Stoddard county on June 13, 1910, and is for the balance claimed to be due upon a promissory note executed by the defendant, Charles Boone, and his son, Edwin Boone, now deceased. Plaintiffs recovered and the defendant prosecutes the appeal.
Upon the face of the note, defendant and his said son appear to be joint makers; though from the evidence it appears that defendant signed the instrument as surety for his son, who received all of the proceeds thereof. The note provided for the payment of “ten per cent attorneys fees, as…
2Cases cited18 opinions
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Brown v. WorthingtonMissouri Court of Appeals · 1912
- Tennent v. Union Central Life InsuranceMissouri Court of Appeals · 1908
- Quigley v. Mexico Southern BankSupreme Court of Missouri · 1883
- Dorn v. ParsonsSupreme Court of Missouri · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Philp v. Minnesota Mutual Life Insurance Co.Missouri Court of Appeals · 1983
- John Deere Co. of St. Louis v. DavisMissouri Court of Appeals · 1960
- Bank of Bernie v. BladesMissouri Court of Appeals · 1923
- Coombes v. KnowlsonMissouri Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.