Missouri Pacific Railway Co. v. Continental National Bank of Commerce
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court — Ho». Warwick Hough, Judge. (1) The agreement by the hank to pay $24,406.50 when the Pacific Railroad had laid its tracks to Concordia; and to pay $24,406.50 when the tracks were laid to Lexington, was not in writing, and, therefore, was affected by the five-year Statute of Limitations.
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Appeal from St. Louis City Circuit Court — Ho». Warwick Hough, Judge. (1) The agreement by the hank to pay $24,406.50 when the Pacific Railroad had laid its tracks to Concordia; and to pay $24,406.50 when the tracks were laid to Lexington, was not in writing, and, therefore, was affected by the five-year Statute of Limitations. R. S. 1899, sec. 4273; State ex rel. v. Grigsby, 92 Mo. 419; Landis v. Saxton, 105 Mo. 486; Shelby County v. Bragg, 135 Mo. 295; Menefee v. Arnold, 51 Mo. 536; Reyburn v. Casey, 29 Mo. 129; Moorman v. Sharp, 35 Mo-. 283; Curtis v. Sexton, 201 Mo. 230; Stark v. Zehnder,…
1Opinion of the CourtLamm, J.
— In 1897 plaintiff brought suit against the Continental National Bank to recover $5,406.50, with interest from the date of demand and refusal to pay, to-wit, July 2, 1894. Subsequently, said bank was absorbed by its co-defendant, the National Bank of Commerce, and the latter was made a party.
At the trial after the evidence was in, an amended petition was filed to conform to the legal effect of the facts proved. The answer was a general denial and a plea that the cause of action “did not accrue within five, nor within ten years, before the commencement of this action.”
Plaintiff recovered…
2Cases cited3 opinions
- Munnerlyn v. Augusta Savings BankSupreme Court of Georgia · 1891
- Quattrochi Bros v. Farmers & Merchants BankMissouri Court of Appeals · 1901
- Koelzer v. First National BankWisconsin Supreme Court · 1905
3Cited by12 opinions
- Summers v. KellerMissouri Court of Appeals · 1911
- Magee v. Mercantile-Commerce Bank & Trust Co.Supreme Court of Missouri · 1939
- State Ex Rel. Burger v. TrimbleSupreme Court of Missouri · 1932
- Fralick v. Coeur D'Alene Bank & Trust Co.Idaho Supreme Court · 1922
- First National Bank v. ConnollyOregon Supreme Court · 1942
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