Sanders v. Anderson
Supreme Court of Missouri
Appeal from Taney Circuit Court. 'This was an action by the assignee against Anderson and otheis, upon a note, signed “ steamboat Ben Lee & owners, by W. R. Wilson, captain.” The petition stated that tbe defendants, “ by their promissory note thereto” annexed, promised to pay, &c., and that the note was assigned to the plaintiff, and contained no further allegations. Judgment being rendered against the defendants for want of an answer, they appealed.
1Opinion of the CourtLeonard, Judge
In See & Brother against Cox, (16 Mo. Rep. 166,) it was held that, “ in suing upon a promissory note, it was not necessary to specify by what name the party bound himself ; but that it was sufficient to state the obligation generally, leaving the particular manner of it to the proof,” and we suppose there is no doubt of the correctness of this position. The petition in the present case charges that the defendants, by the annexed note, promised to pay, &c., and the allegation, therefore, as to the obligation of the defendants, is sufficient, if it were competent for them to identify and bind…
2Cases cited1 opinion
- See v. CoxSupreme Court of Missouri · 1852
3Cited by3 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- McNees v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Anstee v. OberMissouri Court of Appeals · 1887