First State Bank v. Noel
Missouri Court of Appeals
Appeal from Cass Circuit Court.- — Hon. Wm-. L. Jarrott, Judge. (1) The justice did not acquire any jurisdiction over the subject-matter of the controversy, because the instrument filed as the basis of the suit did not disclose any cause of action in favor of plaintiff against defendant. The court should have sustained defendant’s objections to thei introduction of the contract in evidence. Smith v. Zimmerman, 29 Mo. App. 249; Pattison v. Lutz, 1 Mo.
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Appeal from Cass Circuit Court.- — Hon. Wm-. L. Jarrott, Judge. (1) The justice did not acquire any jurisdiction over the subject-matter of the controversy, because the instrument filed as the basis of the suit did not disclose any cause of action in favor of plaintiff against defendant. The court should have sustained defendant’s objections to thei introduction of the contract in evidence. Smith v. Zimmerman, 29 Mo. App. 249; Pattison v. Lutz, 1 Mo. App. 133. (2) Even in a suit to recover on negotiable promissory note, an indorsement itself of such note, unsupported by evidence aliunde, is…
1Opinion of the CourtBroaddus, J.
This action was commenced before a justice of the peace in Cass county, by filing the following writing, viz.:
*501“$100 Daugherty, Mo., May 31, 1898.
“When the lines of the Standard Telephone Company of Missouri are built to Daugherty, Missouri, I promise to pay to the order of Chas. Webster, trustee, at Union National Bank, Kansas City, Missouri, one hundred dollars, value received, with interest at eight per cent per annum, after line reaches the above written town. If default be made in the payment of this note at maturity and the same is collected by legal process, we hereby agree, for the…
2Cases cited2 opinions
- Ward v. PineSupreme Court of Missouri · 1872
- Collins v. BurrusMissouri Court of Appeals · 1896
3Cited by3 opinions
- Travers-Newton Chautauqua System v. NaabSupreme Court of Iowa · 1923
- Cameron Coal & Mercantile Co. v. Universal Metal Co.Supreme Court of Oklahoma · 1910
- Allen v. GoodrichMissouri Court of Appeals · 1905