Legal Opinion

Stockton Bros. v. Reed

Missouri Court of Appeals

Decided March 23, 1896Published

Appeal from the Gentry Circuit Court.’ — Hon. Cyrus A. Anthony, Judge. (1)- Similar contracts or notes have been construed, and the courts have always placed a strict construction on them.

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Appeal from the Gentry Circuit Court.’ — Hon. Cyrus A. Anthony, Judge. (1)- Similar contracts or notes have been construed, and the courts have always placed a strict construction on them. Lewis v. Tipton, 75 A. D. 498; Ramot v. Schotenfels, 83 A. D. 425; Atwood v. Lewis, 6 Mo. 392; Uhsdell & Pierson v. Cunningham, 22 Mo. 124; Salinas v. Wright, 11 Texas, 572. (2) We are unable to find anything in defendant’s testimony to indicate what property he left, and her testimony fails to show that he did not have sufficient property to pay all of his debts. The instrument itself imparts a…

1Opinion of the CourtEllison, J.

This action is founded on the following promissory note:

“September 20, 1892.. “When able to pay after date, I promise to pay to the order of Stockton Brothers eighty-one and fifteen hundredths dollars, for value received, negotiable and payable without defalcation or discount and without interest. “Mrs. Ella MoIllyar.”

The judgment below was for defendant. It appears that the defendant is the widow of G-eorge Mclllyar and that she has intermarried with Reed. Her former husband was indebted to plaintiffs in a general store account, amounting to $181.15. A part of the account had been put into…

2Cases cited4 opinions

  1. Greenabaum v. ElliottSupreme Court of Missouri · 1875
  2. Brooks v. OwenSupreme Court of Missouri · 1892
  3. Musick v. DodsonSupreme Court of Missouri · 1882
  4. Kennerly v. MartinSupreme Court of Missouri · 1844

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