McMerty v. Morrison
Supreme Court of Missouri
Error to St. Louis Circuit Court. The note was prescribed by the laws of Louisiana, and that prescription operated to extinguish or alter the obligation, so that an action on it will not lie in any place. (Baker vs. Stonebraker, 36 Mo., 338; Carson vs. Hunter, 46 Mo., 467; 1 Greenk, 45, § 39; Sto. Confl. of Laws, 6th ed., § 582; Civil Code La., Arts. 2126, 3420, 3422, 3494,3497, 3505 ; Brown vs. Union Ins.
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Error to St. Louis Circuit Court. The note was prescribed by the laws of Louisiana, and that prescription operated to extinguish or alter the obligation, so that an action on it will not lie in any place. (Baker vs. Stonebraker, 36 Mo., 338; Carson vs. Hunter, 46 Mo., 467; 1 Greenk, 45, § 39; Sto. Confl. of Laws, 6th ed., § 582; Civil Code La., Arts. 2126, 3420, 3422, 3494,3497, 3505 ; Brown vs. Union Ins. Co., 3 An. [La.], 183 ; Christian vs. Chaney. 5 Id., 219, 220; Livistoues vs. Morignv, 13 Id., 353; Brown vs. Shields, 13 Id., 57; Cowand vs. Pulley, 11 Id., 2; Sue. of Ferguson, 17 Id.,…
1Opinion of the CourtWagner, Judge
This was an action on a promissory note made by the defendant in the State of Louisiana, and payable there, dated February 7, 1861, and due one year after date. The plaintiff in order to avoid the statute of limitations in this State, alleged a state of war existing between the North and South, and also declared that the note was, during the existence of the war, held by persons residing in the North, and that the' defendant, during the same period, resided in the South. There was also an averment that plaintiff became possessed of the note by purchase since the proclamation of peace between…
2Cases cited5 opinions
- Shelby v. GuySupreme Court of the United States · 1826
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Baker v. StonebrakerSupreme Court of Missouri · 1865
- Lillard v. KempSupreme Court of Louisiana · 1844
- Shiff v. HertzoggSupreme Court of Louisiana · 1838
3Cited by13 opinions
- Board of Education v. BlodgettIllinois Supreme Court · 1895
- Hutchinson v. . WardNew York Court of Appeals · 1908
- Williams v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Stock v. SchlomanSupreme Court of Missouri · 1929
- Jenkins v. ThompsonSupreme Court of Missouri · 1952
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