Claflin & Co. v. Dodson
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The statement for confession was insufficient under the statute to authorize the court to enter up the .judgment. First. It did not state the facts out of which the indebtedness arose. Stern v. Mayer, 19 Mo. App. 511; Bank v. Mayer, 19 Mo. App. 517; Gilman v. Fovey, 26 Mo. 280; Eowe v. Dorscheimer, 31 Mo. 349; Bryan v. Miller, 28 Mo. 32; Bankv.
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Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The statement for confession was insufficient under the statute to authorize the court to enter up the .judgment. First. It did not state the facts out of which the indebtedness arose. Stern v. Mayer, 19 Mo. App. 511; Bank v. Mayer, 19 Mo. App. 517; Gilman v. Fovey, 26 Mo. 280; Eowe v. Dorscheimer, 31 Mo. 349; Bryan v. Miller, 28 Mo. 32; Bankv. Mayer, 93 Mo. 417; FLard v. Foster, 98 Mo. 297; Black on Judgments, secs. 52, 63; Bank v. Allison, 37 Hurt (N. Y.) 135; Moody v. Townsend, 3 Abb. Pr. (N. Y.) 375; Banning v. Carpenter,…
1Opinion of the CourtMaceablane, J.
On the thirty-first day of December, 1886, a judgment by confession was rendered by the circuit court of Greene county in favor of one L. Oppenheimer, and against one Victor Sommers for $3,030. This judgment purported to have been upon two promissory notes made by Sommers to Oppenheimer, for $1,500 each, one dated November 18,1886, and the other November 27, 1886, each bearing interest at ten per cent, and payable on demand.
The statements upon which this judgment was rendered were the same with the exception of the dates of the transaction. One of them was as follows:
“State oe Missoubi, 1…
2Cases cited6 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Lanning v. . CarpenterNew York Court of Appeals · 1859
- Dunn v. DunnakerSupreme Court of Missouri · 1885
- Freligh v. . BrinkNew York Court of Appeals · 1860
- Chandler v. FleemanSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- State v. BurksSupreme Court of Missouri · 1896
- Gaugh v. GaughSupreme Court of Missouri · 1928
- King v. Phoenix InsuranceMissouri Court of Appeals · 1903
- Briggs v. YetzerSupreme Court of Iowa · 1897
1 more not listed; retrieve them via the Exa API.