Bick v. Yates
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Eljy, Judge. Statement. — The petition in this case is as follows: “Plaintiff for cause of action against defendant states that the defendants made, executed, signed and delivered, for value received, their promissory negotiable note, dated December 28, 1898, for one hundred and twenty-eight and fifty-one-hundredths dollars ($128.50), due in twelve (12) months from the date thereof with eight per cent interest, due and…
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Appeal from Monroe Circuit Court. — Hon. David H. Eljy, Judge. Statement. — The petition in this case is as follows: “Plaintiff for cause of action against defendant states that the defendants made, executed, signed and delivered, for value received, their promissory negotiable note, dated December 28, 1898, for one hundred and twenty-eight and fifty-one-hundredths dollars ($128.50), due in twelve (12) months from the date thereof with eight per cent interest, due and payable annually, and if not so paid, to become as principal and bear the same rate of interest which said note bears in…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — We are unable to concur with the conclusion of the learned trial judge, that by the omission of the averment, “that by their note the defendants promised to pay,” the petition failed to state a cause of action. By failure to verify their plea of non est factum,, the execution of the note was admitted. The execution of the note, “for value received,” as set out in the petition, implied an obligation to pay. Our appellate courts have specifically decided that however it may have been under the rules of common law pleadings, under our system of code pleading, the…
2Cases cited2 opinions
- First National Bank v. LandisMissouri Court of Appeals · 1889
- Hammett v. TrueworthyMissouri Court of Appeals · 1892