Doan v. Holly
Supreme Court of Missouri
Error to Andrew Circuit Court. This was a suit on a promissory note for 15532.03 executed by defendants, Henry T. Walker and Charles E. Holly, and also to foreclose a mortgage executed in behalf of plaintiffs — the members of the firm of Doan, King & Co., the payees of said note — by Holly, one of the makers.
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Error to Andrew Circuit Court. This was a suit on a promissory note for 15532.03 executed by defendants, Henry T. Walker and Charles E. Holly, and also to foreclose a mortgage executed in behalf of plaintiffs — the members of the firm of Doan, King & Co., the payees of said note — by Holly, one of the makers. Plaintiffs in their petition set forth substantially the execution of the note in their favor by defendants; that Holly and wife, for the purpose of securing the note, a portion of which was admitted to be paid, mortgaged by deed dated March 18, 1856, certain tracts of land ; that the…
1Opinion of the CourtScott, Judge
It would always be well if a party before he commences his suit would determine in his own mind what he is suing for. The neglect of this precaution has involved this proceeding in great irregularity. Was this intended as a suit on the note, or as a proceeding to foreclose a mortgage given to secure the payment of the note, or was it thought' that it would answer for both of these purposes ? If the established construction of the present practice act, which requires that when several causes of action are joined in the same petition, they must be stated in several counts and not all blended…
2Cited by13 opinions
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- Bryan v. SullivanSupreme Court of Oklahoma · 1916
- McHugh v. St. Louis Transit Co.Supreme Court of Missouri · 1905
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