Wild v. Western Union Building & Loan Ass'n
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. Taking the petition as a statement of a cause of action on account of money loaned by the plaintiff to defendant, there is a total failure of proof.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. Taking the petition as a statement of a cause of action on account of money loaned by the plaintiff to defendant, there is a total failure of proof. Howard v. Railroad, 61 Miss. 194, 199. The delivery and acceptance of the certificate abrogated all prior agreements or understanding, if any, that the money should be taken as a loan, and thereafter the rights and liabilities of the parties are measured and determined by the contract in the certificate. MacLeod v. Skiles, 81 Mo. 604; Cooper v. Ins. Co., 50 Pa. St. 299;…
1Opinion of the CourtBiggs, J.
This is an action for money. The plaintiff alleged in his amended petition that on the twentieth day of April,-1891, he loaned to the defendant association $480, which it agreed to repay with six per cent, interest thirty days after demand, and that on the twentieth day of November, 1893, he made demand of defendant for repayment of the loan, which was refused. The plaintiff filed with his petition and offered therein to return to the defendant a certificate for two shares of its capital stock, of the par value of $240 each, which had been issued in his favor by the officers of the defendant.…
2Cases cited4 opinions
- Duncan v. MatneySupreme Court of Missouri · 1860
- Faulcon v. . JohnsonSupreme Court of North Carolina · 1889
- Schaeffer v. Missouri Home InsuranceSupreme Court of Missouri · 1870
- Beckett v. HoustonIndiana Supreme Court · 1869
3Cited by4 opinions
- Frazier v. Metropolitan Life InsuranceMissouri Court of Appeals · 1911
- Grohmann v. BrownMissouri Court of Appeals · 1897
- Collins v. Phoenix Assurance Co.Missouri Court of Appeals · 1924
- State ex rel. Pitts v. Peter Cooper Building & Loan Ass'nMissouri Court of Appeals · 1899