Gate City National Bank v. Chick
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ron. Jas. E. Goodrich, Judge. (1) The contract haying been made for the benefit of plaintiff, judgment should have been for it. Crone v. Stinde, 156 Mo. 262; Porter v. Woods, 138 Mo. 5391; Beattie v. G-erardi, 166 Mo. 142. (2) The provision, in paragraph 6 of the contract, that defendants should “release” Lyons means that they should discharge Lyons from the obligation, either by payment or its equivalent.
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Appeal from Jackson Circuit Court. — Ron. Jas. E. Goodrich, Judge. (1) The contract haying been made for the benefit of plaintiff, judgment should have been for it. Crone v. Stinde, 156 Mo. 262; Porter v. Woods, 138 Mo. 5391; Beattie v. G-erardi, 166 Mo. 142. (2) The provision, in paragraph 6 of the contract, that defendants should “release” Lyons means that they should discharge Lyons from the obligation, either by payment or its equivalent. Baker v. Baker, 29 N. J. Law 13; Field v. Columbet, 9 Fed. Cas. 4764 ; 34 Cyc. 1042--3; Swain v. McMillan, 30 Mont. 433; Parker v. U. S.. 22 Court of…
1Opinion of the Court
JOHNSON, J. —
This is an action to enforce a contract plaintiff alleges was made by defendants for its benefit. A trial of the issues raised by the pjead-ings resulted in a judgment for defendants and plaintiff appealed. The W. F. Lyons Ice & Power Comí pany, a corporation, was indebted to plaintiff, a bank doing business in Kansas City, in the sum of $9,000, and plaintiff held its negotiable promissory note for that. sum which was dated September 10, 19091, and was payable on demand. The note was signed by the Ice Company and by W. F. Lyons, who, so far as the face of the instrument…
2Cases cited7 opinions
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Keys v. Estate of KeysSupreme Court of Missouri · 1909
- Markel v. Western Union Telegraph Co.Missouri Court of Appeals · 1885
- Scheele v. Lafayette BankMissouri Court of Appeals · 1906
- State ex rel. Maggi v. LoomisMissouri Court of Appeals · 1901
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3Cited by5 opinions
- Stephens v. Great Southern Savings & Loan Ass'nMissouri Court of Appeals · 1967
- Uhrich v. Globe Surety Co.Missouri Court of Appeals · 1915
- National Merchandising Corporation v. McAlpinMissouri Court of Appeals · 1969
- Boone County Lumber Co. v. NiedermeyerMissouri Court of Appeals · 1915
- Farris v. PittsMissouri Court of Appeals · 1927