Union National Bank v. Lyons
Supreme Court of Missouri
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…
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- Louisiana v. WoodSupreme Court of the United States · 1880
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4Cited by31 opinions
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- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1910
- Seaman v. Cap-Au-Gris Levee DistrictSupreme Court of Missouri · 1909
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914
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