Legal Opinion

Union National Bank v. Lyons

Supreme Court of Missouri

Decided May 22, 1909PublishedCited by 31 opinions

Appeal from Cooper Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The court erred in striking out that part of appellant’s answer setting up want of authority and non-compliance with the statutory requisites in the execution of the note sued upon. Sec. 1294, R. S. 1899. "We do not know that this court has been called upon to construe this statute, but it has been passed by both Courts of Appeals. When-first presented in the case of Hume v. Eagon, 73 Mo.

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Appeal from Cooper Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The court erred in striking out that part of appellant’s answer setting up want of authority and non-compliance with the statutory requisites in the execution of the note sued upon. Sec. 1294, R. S. 1899. "We do not know that this court has been called upon to construe this statute, but it has been passed by both Courts of Appeals. When-first presented in the case of Hume v. Eagon, 73 Mo. App. 271, the acts of the cashier done in contravention of the statute were decided to be voidable only and capable of ratification, but…

1Opinion of the Court

IN BANC.

2Per curiam

This cause was transferred to Court in Banc upon the dissent of Graves, J., and upon reargument and after due consideration the opinion of Woodson, J., in division is adopted as the opinion of the court.

All concur except Graves, J., who dissents in ■ a separate opinion.

IN DIVISION ONE.

WOODSON, J.

This suit was instituted by plaintiff in the circuit court of Lafayette county, against the defendant, to recover the sum of $10,000' loaned *546by it to defendant. The trial resulted in a verdict and judgment for plaintiff for the sum of $10,560, principal and interest. The circuit court having…

3Cases cited30 opinions

  1. Hitchcock v. GalvestonSupreme Court of the United States · 1878
  2. Marsh v. Fulton CountySupreme Court of the United States · 1871
  3. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  4. Chapman v. County of DouglasSupreme Court of the United States · 1883
  5. Louisiana v. WoodSupreme Court of the United States · 1880

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4Cited by31 opinions

  1. Newco Land Co. v. MartinSupreme Court of Missouri · 1948
  2. Third National Bank v. St. Charles Savings BankSupreme Court of Missouri · 1912
  3. United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1910
  4. Seaman v. Cap-Au-Gris Levee DistrictSupreme Court of Missouri · 1909
  5. Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914

26 more not listed; retrieve them via the Exa API.

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