Legal Opinion

Eyermann v. Stevens

Missouri Court of Appeals

Decided November 3, 1914PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — Hon, Charles Claflin Allen, Judge. • (1) In the case of notes secured by deed of trust containing the provision for the acceleration of the maturity of the debt at the option of the holder in case of default in the payment of an installment of interest when due, no particular form of option is necessary to be used for the purpose of declaring the maturity of the whole indebtedness.

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Appeal from St. Louis City Circuit Court. — Hon, Charles Claflin Allen, Judge. • (1) In the case of notes secured by deed of trust containing the provision for the acceleration of the maturity of the debt at the option of the holder in case of default in the payment of an installment of interest when due, no particular form of option is necessary to be used for the purpose of declaring the maturity of the whole indebtedness. The formation of an intention in the mind of the person by whom the option is to be exercised, accompanied by any affirmative act or declaration evincing such…

1Opinion of the CourtAllen, J.

This is a suit to enforce the lien of a special tax bill, for street construction, against certain real property in the city of St. Louis. The tax bill was issued on May 13,, 1910, and was divided into six installments, in accordance with the provisions of section 25, article VI, of the charter of the city of St. Louis, adopted in 1876, and in force at the time. The first installment was for the sum of $26.21, and the remain*171ing five installments each for the sum of $26.17, making a total of $157.06. On May 28, 1910, notice of the issuance of said bill was served upon defendant Sallie A. E.…

2Cases cited1 opinion

  1. Granite Bituminous Paving Co. v. Parkview Realty & Improvement Co.Missouri Court of Appeals · 1912

3Cited by2 opinions

  1. United Artisans v. CroniseOregon Supreme Court · 1918
  2. City of Columbia ex rel. Exchange National Bank v. Johnson Investment & Rental Co.Court of Appeals of Kansas · 1970

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