Iron Mountain Bank v. Armstrong
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. H. Horner, Judge. (1) Plaintiff’s instruction correctly states the law of this case as it has been settled by this court. Iron Mt. Bank n. Armstrong, 62 Mo. 70 ; Tumalty n. Bank, 13 Mo. 276; Farmers' Bank n.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. H. Horner, Judge. (1) Plaintiff’s instruction correctly states the law of this case as it has been settled by this court. Iron Mt. Bank n. Armstrong, 62 Mo. 70 ; Tumalty n. Bank, 13 Mo. 276; Farmers' Bank n. Garten, 34 Mo. 119, 122. (2) The pleadings tendered the proper issue, to-wit: Did the defendant, under the law and facts shown, indorse the note in suit? (3) The instructions of the court must be all taken together; they constitute the entire charge. McKeon n. Railroad, 43 Mo. 405; Whalen n. Railroad, 60 Mo. 327; Karle n. Railroadf 55…
1Opinion of the CourtRat, J.
This is a suit by the plaintiff, as holder, against the defendant, as endorser, of a negotiable promissory note, wherein the makers, Murdock & Dickson, promised to pay five thousand dollars with interest at ten per cent, per annum, after maturity. The case has been in this court once before, and is reported in 62 Mo. 70, when it was reversed and remanded on account of erroneous instructions.
On a'retrial of the cause, plaintiff filed an amended petition, as follows:
“By leave of court, now comes plaintiff, and for amended petition states that at the dates hereinafter named it was a corporation…
2Cases cited12 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Davis v. BrownSupreme Court of Missouri · 1878
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- Gilstrap v. FeltsSupreme Court of Missouri · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- First National Bank v. WoodSupreme Court of Missouri · 1894
43 more not listed; retrieve them via the Exa API.