Curtis v. Browne
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Chas. L. Dobson, Judge. (1) The petition in this ease fails to state any cause of action. Walters v. Walters, 73 Ind. 425; Billv.
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Appeal from the Jackson Circuit Court. — Hon. Chas. L. Dobson, Judge. (1) The petition in this ease fails to state any cause of action. Walters v. Walters, 73 Ind. 425; Billv. Beebe, 13 N. Y. 556; Packard v. Kingman, 11 Iowa, 219; Boyd v. Beck, 29 Ala. 703; Pouderd v. Ritdnger, 122Ind. 571. (2) Under the agreement of the parties alleged in the petition the issue of the original note by Fitzmaurice before maturity would not revive or or continue the lien of the first deed of trust, and plaintiff could not be legally injured by the reissue of that note. 1 Jones on Mortgages [4 Ed.], secs. 888…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages resulting from the reissue and fraudulent transfer of a certain promissory note. There was a trial and judgment for plaintiff, to reverse which judgment defendants have appealed.
The evidence adduced at the trial tended to show that on the eleventh day of November, 1886, Michael Gr. Fitzmaurice executed to James F. Judge his negotiable promissory note for $500, due three years after date, and to secure the payment of which Fitzmaurice executed a deed of trust on certain real property in Edina, Knox county, in this state, with power of sale to John W..…
2Cases cited18 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Packard v. KingmanSupreme Court of Iowa · 1860
- Thornton v. IrwinSupreme Court of Missouri · 1869
- Jones v. ParkerWisconsin Supreme Court · 1881
- Lee v. ClarkSupreme Court of Missouri · 1886
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3Cited by2 opinions
- Erwin v. JonesMissouri Court of Appeals · 1916
- Simmons v. Globe Printing Co.Missouri Court of Appeals · 1919