Burnes v. Ballinger
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. These bills matured February 1, 1893, at latest July 1, 1893, the interest paying day, and as the suit was not brought till December 5, 1896, and more than two years had elapsed after maturity of the bills, no action can be maintained on them. R. S. 1889, secs. 1405 and 1407; Eorrey v. Holmes, 65 Mo. App. 114; Smith v. Barrett, 41 Mo. App. 460; Jaicks v. Sullivan, 128 Mo. 177; Noellv.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. These bills matured February 1, 1893, at latest July 1, 1893, the interest paying day, and as the suit was not brought till December 5, 1896, and more than two years had elapsed after maturity of the bills, no action can be maintained on them. R. S. 1889, secs. 1405 and 1407; Eorrey v. Holmes, 65 Mo. App. 114; Smith v. Barrett, 41 Mo. App. 460; Jaicks v. Sullivan, 128 Mo. 177; Noellv. Graines, 68 Mo. 649; Owings v. McKenzie, 133 Mo. 323, 334-335; Mapes v. Burns, 72 Mo. App. 411; Plow Co. v. Webb, 141 U. S. 616; Machine Works…
1Opinion of the CourtEllison, J.
*60Statement. *59This action is on four special tax bills issued on what is known as the instalment plan as authorized by section 1405, Revised" Statutes' 1889. They were issued to a contractor for work done in paving a street in St. Joseph, a city of the second class. The contractor assigned them to plaintiff, who had *60judgment below and defendant appeals. The question for decision relates to the statute of limita- ,. T . _ ... . . . tion which prescribes a two. year period. The bills were issued December 7, 1892. The first default in payment of interest on those in suit is conceded to be July 1,…
2Cases cited8 opinions
- First National Bank v. PeckSupreme Court of Kansas · 1871
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Noell v. GainesSupreme Court of Missouri · 1878
- Harrison Machine Works v. ReigorTexas Supreme Court · 1885
- Mitchell v. LadewSupreme Court of Missouri · 1865
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- Donner v. WhitecottonCourt of Appeals of Kansas · 1919
- Barber Asphalt Paving Co. v. MeserveyMissouri Court of Appeals · 1903