Legal Opinion

Williams v. Finks

Supreme Court of Missouri

Decided June 12, 1900PublishedCited by 5 opinions

Appeal from Chariton Circuit Court. — Hon. 77. 77. Bucher, Judge. Tbe exceedingly able and interesting brief filed liere by appellant’s counsel can not entice us away from tbe simple proposition tliat tbis appeal was taken from a voluntary non-suit. • The sole reason assigned for taking said nonsuit is tbe refusal of tbe trial court to permit plaintiff to read in evidence to the jury tbe promissory note filed with plaintiff’s petition.

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Appeal from Chariton Circuit Court. — Hon. 77. 77. Bucher, Judge. Tbe exceedingly able and interesting brief filed liere by appellant’s counsel can not entice us away from tbe simple proposition tliat tbis appeal was taken from a voluntary non-suit. • The sole reason assigned for taking said nonsuit is tbe refusal of tbe trial court to permit plaintiff to read in evidence to the jury tbe promissory note filed with plaintiff’s petition. In order for the exclusion of said note from the evidence to have forced plaintiff to a nonsuit, the offer of said note must have been appropriate,to the…

1Opinion of the CourtBurgess, J.

This is an action by plaintiff, assignee of the Bank .of Salisbury, against the defendants Finks, Walton and Blakev, upon a note for the sum of five thousand dollars, less credits, executed by defendants to one Joseph Allin on the 13th day of June, 1890, and by Allin assigned to said Bank of Salisbury.

The petition alleges: “That on the 13th day of June, 1890, defendants executed and delivered to one Joseph Allin their promissory note, herewith filed, by which they promised to pay to the order of said Joseph Allin, for value received, twelve months after date, the sum of five thousand dollars…

2Cases cited3 opinions

  1. Schafroth v. AmbsSupreme Court of Missouri · 1870
  2. Hageman v. MorelandSupreme Court of Missouri · 1862
  3. State ex rel. Meramec Iron Co. v. GaddySupreme Court of Missouri · 1884

3Cited by5 opinions

  1. Francisco v. Chicago & A. R.Court of Appeals for the Eighth Circuit · 1906
  2. Diamond Rubber Co. v. WernickeMissouri Court of Appeals · 1912
  3. Bushyager ex rel. Bushyager v. Hammond Packing Co.Missouri Court of Appeals · 1910
  4. Charles F. Netzow Manufacturing Co. v. BakerMissouri Court of Appeals · 1909
  5. International Harvester Co. v. McLaughlinMissouri Court of Appeals · 1932

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