Locher v. Kuechenmiester
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The paper writing introduced by plaintiff did not conform to the allegations of the petition and should not have, been admitted in evidence. It was not a promissory note, and the characterization of it as a note by the petition by the plaintiff’s attorney during that trial and by the court, in its instructions, was error.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The paper writing introduced by plaintiff did not conform to the allegations of the petition and should not have, been admitted in evidence. It was not a promissory note, and the characterization of it as a note by the petition by the plaintiff’s attorney during that trial and by the court, in its instructions, was error. Norton on Bills and Notes, 29-31; Cay v. Rooke, 151 Mass. 115; Currier v. Lockwood, 40 Conn. 349; Fisher v. Leslie, 1 Esp. 426; Hyne v. Dewdney, 21 Law, J., Q. B. 278 (1852). (2) The court’s…
1Opinion of the CourtNortoni, J.
(after stating the facts).
1. The duebill is as follows:
“St. Louis, September 26, 1904.
“Due W. H. Loeher seven hundred, thirty-six and 90-100 ($736.90) dollars.
“Henry Kuechenmiester.”
The petition treats it as a promissory note, and is in the usual form employed in such cases designating the writing sued on as a note. The defendant insists, *717first, that the paper writing is not a promissory note; that inasmuch as it does not contain a promise to pay in express words, it does not import a consideration under the provisions of our statutes (sec. 894, R. S. 1899), and that the court erred in…
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