Ferris v. Thaw
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This was an action brought by Mary J. Eerris against Charlie Thaw, John W. Luke, William B. Ryder and others on the following note: $4,000. St. Louis, October 3rd, 1870. Twelve months after date I promise to pay to the order of John W. Luke, Treasurer, $4,000 without defalcation or discount, for value received, negotiable and payable at the Third National Bank of St. Louis, with ten per cent interest from date payable semi-annually.
Read the full summary
Appeal from St. Louis Court of Appeals. This was an action brought by Mary J. Eerris against Charlie Thaw, John W. Luke, William B. Ryder and others on the following note: $4,000. St. Louis, October 3rd, 1870. Twelve months after date I promise to pay to the order of John W. Luke, Treasurer, $4,000 without defalcation or discount, for value received, negotiable and payable at the Third National Bank of St. Louis, with ten per cent interest from date payable semi-annually. (Signed) Charlie Thaw, W. M., Polar Star Lodge No. 79. (Indorsed) John W. Luice, Treasurer. The following state of facts…
1Opinion of the CourtSherwood, C. J.
1. variance. I. If there was any discrepancy between the note declared on, and that offered in evidence, and defendants were misled thereby, they should have taken advantage of such variance in the manner pointed out by the statute. 2 Wag. Stat., 1033, § 1; Turner v. Chillicothe, etc. R. R. Co., 51 Mo. 501.
II. The giving of the note in suit, as shown by the testimony, was ratified by all of the defendants. Thaw’s testimony shows this, and the court of appeals did not err in so stating the matter in its opinion. The testimony of Thaw as to the presence of the defendant Ryder at the meeting…
2Cases cited2 opinions
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
3Cited by22 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Mathias v. O'NeillSupreme Court of Missouri · 1887
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
- Sheppard v. EastMissouri Court of Appeals · 2006
17 more not listed; retrieve them via the Exa API.