Legal Opinion

Snyder v. Gericke

Missouri Court of Appeals

Decided April 28, 1903PublishedCited by 2 opinions

Appeal from Lawrence Circuit Court. — New. Henry G. Pepper, Judge. (1) A ratification must be pleaded by a party seeking its protection, and unless it is pleaded it can not avail. Wade v. Hardy, 75 Mo. 399; Webb v. Ailing-ton & Anderson, 27 Mo.

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Appeal from Lawrence Circuit Court. — New. Henry G. Pepper, Judge. (1) A ratification must be pleaded by a party seeking its protection, and unless it is pleaded it can not avail. Wade v. Hardy, 75 Mo. 399; Webb v. Ailing-ton & Anderson, 27 Mo. App. 571. (2) No action shall be maintained whereby to charge any person upon any debt contracted during infancy unless such person sba.11 have ratified the same by some other act than a verbal promise to pay the same, and the following acts on the part of such person after he becomes of full age shall constitute a ratification of such debt: first, an…

1Opinion of the CourtBland, P. J.

The suit was commenced in a justice’s court on the following promissory note:

“ $18.50. Miller, Mo., June 2, 1898.

‘ ‘ Three months after date I promise to pay to the order of S. W. Bishop, eighteen dollars and fifty one-hundredths dollars. For value received, negotiable and payable without defalcation or discount and with interest from date at the rate of eight per cent per an-num, and if .the interest be not paid annually to become as principal and. bear the same rate of interest.

‘ ‘ Samuel Gekicke.

“Due Sept. 2.
“Indorsed: G. "W. Bishop.”

Plaintiff recovered judgment in the justice’s court from…

2Cases cited3 opinions

  1. Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
  2. Currier v. LoweSupreme Court of Missouri · 1862
  3. Bannantine v. CantewllMissouri Court of Appeals · 1887

3Cited by2 opinions

  1. McMahon v. Charles Schulze, Inc.Missouri Court of Appeals · 1972
  2. St. Luke's Hospital of Kansas City v. MayMissouri Court of Appeals · 1979

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