Furstenfeld v. Furstenfeld
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Matt G. Reynolds, Judge. (1) It stands admitted by failure to deny the allegation of the petition that the note was to bear interest at 8 per cent from date, and also by the averment in the plea of paymeut that defendant had prior to the institution of the suit paid said note with accrued interest thereon.
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Appeal from St. Louis City Circuit Court. — Eon. Matt G. Reynolds, Judge. (1) It stands admitted by failure to deny the allegation of the petition that the note was to bear interest at 8 per cent from date, and also by the averment in the plea of paymeut that defendant had prior to the institution of the suit paid said note with accrued interest thereon. (2) The note sued on says “with interest payable annually” and “interest when due to become principal' and draw-per cent interest.” The context clearly shows that the note was to bear interest from date. The payee; was not required to make…
1Opinion of the CourtNortoni, J.
This is a suit On two promissory notes and an account. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
The petition is in three counts. The first declares upon a promissory note, executed by defendant, February 21, 1899, for the principal sum of $250; the second declares upon a promissory note, executed by defendant on February 7, 1901, for the principal sum of $200; the third declares upon an account for board and lodging a,nd prays judgment therefor in the amount of $1484.
In his ansAver, defendant admitted the execution of the notes mentioned in the first and…
2Cases cited19 opinions
- Collins v. TrotterSupreme Court of Missouri · 1883
- Citizens' National Bank v. DonnellSupreme Court of Missouri · 1903
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Tufts v. LatshawSupreme Court of Missouri · 1903
- Davis v. VoriesSupreme Court of Missouri · 1897
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3Cited by5 opinions
- In Re International Raw Material CorporationCourt of Appeals for the Second Circuit · 1927
- Zachra v. American Manufacturing Co.Missouri Court of Appeals · 1913
- Swyers v. RussellMissouri Court of Appeals · 1968
- McMillen v. ElderMissouri Court of Appeals · 1911
- Henry Bromschwig Tailors' Trimming Co. v. Missouri , Kansas & Texas Railway Co.Missouri Court of Appeals · 1912