Cherokee Strip Live Stock Ass'n v. Cass Land & Cattle Co.
Supreme Court of Missouri
Appeal from Cass Circuit Cowrt. — Hon. W. W. Wood, Judge. (1) The court should have excluded the contracts and notes from the evidence,because upon their face they constitute one contract and were void. First. Because it was a contract with an Indian nation, and was never approved by the Secretary of the Interior and the commissioner of Indian affairs. U. S. Revised Statutes, sec. 2103. Second.
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Appeal from Cass Circuit Cowrt. — Hon. W. W. Wood, Judge. (1) The court should have excluded the contracts and notes from the evidence,because upon their face they constitute one contract and were void. First. Because it was a contract with an Indian nation, and was never approved by the Secretary of the Interior and the commissioner of Indian affairs. U. S. Revised Statutes, sec. 2103. Second. It was void because the Indians had no interests in the land that could be conveyed. U. S. Revised Statutes, sec. 2116; Cherokee Nation v. The State of Georgia, 1 Peters, 1;- U. S. v. ICagma, 118 U. S.…
1Opinion of the CourtBukokess, J.
The petition in this case is in two counts. The first is on a promissory note, and the second on quantum meruit. As there was judgment for de*398fendant on the second count, and no appeal taken by plaintiff from the judgment on that count, it will not be further noticed. The note calls for $1,193.16, and reads as follows:
“$1,193.16. Caldwell, Kans., Jan. 1,1889.
“On June 15, 1890, we promise to pay to the order of A. J. Snyder, trustee, the sum of eleven hundred, ninety-three and jVo dollars at the Stock Exchange Bank, Caldwell, Kansas, with interest after maturity at the rate of ten per cent per…
2Cases cited13 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Holden v. JoySupreme Court of the United States · 1872
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Penn v. BornmanIllinois Supreme Court · 1882
- Downing v. RingerSupreme Court of Missouri · 1842
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kusnetsky v. Security InsuranceSupreme Court of Missouri · 1926
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- Light v. ConoverSupreme Court of Oklahoma · 1901
- State Ex Rel. American Surety Co. v. HaidSupreme Court of Missouri · 1930
6 more not listed; retrieve them via the Exa API.