Legal Opinion

Ferris v. Thaw

Missouri Court of Appeals

Decided February 12, 1878PublishedCited by 8 opinions

Appeal from St. Louis Circuit Court. The note offered in evidence as the note sued on was not such a note as described in the petition. It was the individual note of Charlie Thaw, and the court should not have allowed it to be read in this action. — Story on Prom.

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Appeal from St. Louis Circuit Court. The note offered in evidence as the note sued on was not such a note as described in the petition. It was the individual note of Charlie Thaw, and the court should not have allowed it to be read in this action. — Story on Prom. Notes, sec. 65, and note; Pentz v. Stanton, 10 Wend. 271; Staclcpole v- Arnold, 11 Mass. 27 The court below erred in permitting the minutes of the lodge, of Sept. 24,1869, to be read to the jury for any purpose whatever, more especially as it did not tend to pi'ove any allegation of the petition. — Williams v. Carpenter, 28 Mo. 453…

1Opinion of the CourtBakewell, J.

This action is upon a negotiable promissory note for :$4,000, dated Oct. 3, 1870, at twelve months, executed by •“ Charlie Thaw, W. M. Polar Star Lodge, No. 79,” to the *283order of “ John W. Luke, Treasurer,” and by him indorsed. There was a verdict and judgment for plaintiff; and defendants appeal.

On the trial, evidence was introduced tending to show that on Sept. 30,1869, Polar Star Lodge, No. 79, of Ancient Free and Accepted Masons, was a voluntary association of persons, organized according to masonic rules, and meeting in St. Louis. Appellants and others were members of the association. In…

2Cases cited4 opinions

  1. Musser v. JohnsonSupreme Court of Missouri · 1867
  2. Smith v. AlexanderSupreme Court of Missouri · 1860
  3. In re SnookNew York Court of Common Pleas · 1859
  4. McClellan v. ReynoldsSupreme Court of Missouri · 1872

3Cited by8 opinions

  1. McCabe v. . GoodfellowNew York Court of Appeals · 1892
  2. Farm & Home Savings & Loan Ass'n v. ArmstrongSupreme Court of Missouri · 1935
  3. Turner v. ThomasMissouri Court of Appeals · 1881
  4. Ziegler v. FallonMissouri Court of Appeals · 1887
  5. Meriwether v. AtkinMissouri Court of Appeals · 1909

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