Malone v. Fidelity & Casualty Co.
Missouri Court of Appeals
Error to the Jackson Circuit Court. — Hon. J. H. Sloven, J udge. (1) The objection to the introduction of testimony under the petition should have been sustained, because its only allegation is that defendant had agreed with Dennis’ friends to drop the prosecution against him. Who these friends were does not appear.
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Error to the Jackson Circuit Court. — Hon. J. H. Sloven, J udge. (1) The objection to the introduction of testimony under the petition should have been sustained, because its only allegation is that defendant had agreed with Dennis’ friends to drop the prosecution against him. Who these friends were does not appear. It is not alleged that either she or Hoyt, who also signed the note, were any of the friends to whom the promise was made or that the promise or agreement was with anybody who signed the note, but that she did not know of any such agreement at the time she signed it, hence, she…
1Opinion of the CourtSmith, P. J.
This is a suit in equity.
Petition The petition alleged that on the twenty-seventh day of February, 1893, E. W. Hoyt executed to defendant, a corporation, thirteen promissory notes to become due thereafter at certain stated dates; that plaintiff wrote her name on the back of said notes; that there was no consideration passed, either from said Hoyt or from plaintiff, to defendant; *6that she has since learned that the only consideration for giving said notes was that the defendant would cease the prosecution of one Dennis, for whom it had become surety to the Armour Packing Company, said Dennis…
2Cases cited15 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Atwood v. FiskMassachusetts Supreme Judicial Court · 1869
- Edwards v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Sumner v. SummersSupreme Court of Missouri · 1873
- McCoy v. GreenSupreme Court of Missouri · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
- Mississippi Valley Trust Co. v. BegleySupreme Court of Missouri · 1923
- Nowell v. ModeMissouri Court of Appeals · 1908
7 more not listed; retrieve them via the Exa API.