Legal Opinion

McClanahan v. Payne

Missouri Court of Appeals

Decided December 17, 1900PublishedCited by 3 opinions

Appeal from tbe Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Tbe court erred in overruling plaintiff’s objections to tbe introduction of any evidence in support of defendant’s special pleas. None of said alleged defenses constitutes any defense at law or in equity.

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Appeal from tbe Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Tbe court erred in overruling plaintiff’s objections to tbe introduction of any evidence in support of defendant’s special pleas. None of said alleged defenses constitutes any defense at law or in equity. Sbaffner & Yeitb v. Jeffries, 18 Mo. 512; Swain v. Hill, 30 Mo, App. 436; Moss v. Green, 41 Mo. 389; Bucliel v. Lott, 15 S. W. Rep. 413; 2 Perry, 878; Edwards v. Welton, 25 Mo. 379. (2) The railroad company had failed to establish and maintain division headquarters at Milan, and had jfailed to erect building, etc.…

1Opinion of the CourtSmith, P. J.

This is an action which was brought upon the following subscription paper:

“In consideration of value received and for the purposes hereinafter expressed, within thirty days after demand, we who subscribed our names hereto promise to pay to William MeClanahan, Warren McCullough, Theo. S. Poole, James A. Niblo, Sr., J. H. B. Smith and J. 0. McCoy as trustees, the respective and several sums set opposite our names as subscribers hereto, to be used by the said trustees in the purchase of lands, at and near the Quincy, Omaha & Kansas City Railway depot at Milan, Mo., sufficient for division…

2Cases cited21 opinions

  1. Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
  2. Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
  3. Hamilton v. BoggessSupreme Court of Missouri · 1876
  4. Pratt v. Trustees of Baptist SocietyIllinois Supreme Court · 1879
  5. Kelly v. . OliverSupreme Court of North Carolina · 1893

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3Cited by3 opinions

  1. Lipscomb v. TalbottSupreme Court of Missouri · 1912
  2. Trustees of Baker University v. ClellandCourt of Appeals for the Eighth Circuit · 1936
  3. Phelps v. JonesMissouri Court of Appeals · 1910

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